Sec. 394.214. ADDITIONAL ENFORCEMENT POWERS. (a) The finance commission may adopt rules to carry out this subchapter.
(b) The commissioner may:
(1) investigate the activities of a person subject to this subchapter to determine compliance with this subchapter, including examination of the books, accounts, and records of a provider; and
(2) require or permit a person to file a statement under oath and otherwise subject to the penalties of perjury, as to all the facts and circumstances of the matter to be investigated.
(c) Failure to comply with an investigation under Subsection (b) is grounds for issuance of a cease and desist order.
(d) The commissioner may receive and act on complaints, take action to obtain voluntary compliance with this subchapter, and refer cases to the attorney general for prosecution.
(e) The commissioner may enforce this subchapter and rules adopted under this subchapter by:
(1) ordering the violator to cease and desist from the violation and any similar violations;
(2) ordering the violator to take affirmative action to correct the violation, including the restitution of money or property to a person aggrieved by the violation;
(3) imposing an administrative penalty not to exceed $1,000 for each violation as provided by Subchapter F, Chapter 14; or
(4) rejecting an initial application or revoking or suspending a registration as provided by Section 394.204.
(f) In determining the amount of an administrative penalty to be imposed under this section, the commissioner shall consider the seriousness of the violation, the good faith of the violator, the violator's history of previous violations, the deleterious effect of the violation on the public, the assets of the violator, and any other factors the commissioner considers relevant.
(g) The commissioner, on relation of the attorney general at the request of the commissioner, may bring an action in district court to enjoin a person from engaging in an act or continuing a course of action that violates this chapter. The court may order a preliminary or final injunction.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.Section: Previous 394.202 394.203 394.204 394.205 394.206 394.207 394.208 394.209 394.2095 394.210 394.2101 394.211 394.212 394.213 394.214
Last modified: September 28, 2016