Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING
Subchapter C - ENFORCEMENT
Section 139.33 - Administrative Penalties, Injunction, Criminal Penalties, and Civil Penalties
Universal Citation: 25 TX Admin Code ยง 139.33
Current through Reg. 49, No. 38; September 20, 2024
(a) Administrative penalties.
(1) The department may assess an
administrative penalty against a person who violates the Act or this
chapter.
(2) The penalty may not
exceed $1,000 for each violation. Each day of a continuing violation
constitutes a separate violation.
(3) In determining the amount of an
administrative penalty assessed under this section, the department shall
consider:
(A) the seriousness of the
violation;
(B) the history of
previous violations;
(C) the amount
necessary to deter future violations;
(D) efforts made to correct the violation;
and
(E) any other matters that
justice may require.
(4)
All proceedings for the assessment of an administrative penalty under this
section shall be conducted at the State Office of Administrative Hearings, and
pursuant to the Health and Safety Code, Chapter 245; the Government Code,
Chapter 2001; and the department's formal hearing procedures set out in
§§
1.21,
1.23,
1.25, and
1.27 of
this title.
(5) The department may
assess costs against facilities in administrative proceedings in accordance
with Health and Safety Code, Chapter 245.
(b) Injunction, criminal penalties, and civil penalties. In addition to administrative penalties, the Health and Safety Code, Chapter 245, provides for injunctive relief and civil penalties for violations of that chapter and violations of these rules and also provides for criminal penalties for certain violations described therein.
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