Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION
Subchapter Q - COMPLIANCE
Section 296.318 - Administrative Penalty

Current through Reg. 49, No. 38; September 20, 2024

(a) DSHS may impose an administrative penalty against a person who violates this chapter, the Act, or an order issued under the Act or this chapter.

(b) The maximum administrative penalty is $10,000 per day, per violation. DSHS may consider each day that a violation continues as a separate violation for purposes of imposing a penalty.

(c) To determine the amount of the administrative penalty, DSHS considers:

(1) the person's history of previous violations;

(2) the seriousness of the violation;

(3) any hazard to the health and safety of the public;

(4) demonstrated good faith efforts to correct the violation and maintain compliance; and

(5) any other matter that justice may require for the violation.

(d) DSHS classifies a violation according to its level of severity.

(1) Severity Level I, critical violation. A critical violation has a direct negative impact on public health and safety.

(2) Severity Level II, serious violation. A serious violation could threaten public health and safety.

(3) Severity Level III, significant violation. A significant violation could lead to more serious consequences for public health and safety if uncorrected.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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