Public-domain · open source
OpenJurist

Tex. Fin. Code § 154.406

ADMINISTRATIVE PENALTY

Applied in 1 court decision — leading case Texas Department of Banking v. Mount Olivet Cemetery Ass'n (2000)

Most recently applied in Texas Department of Banking v. Mount Olivet Cemetery Ass'n (August 2000)

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff

(a) After notice and opportunity for hearing, the commissioner may impose an administrative penalty on a person who:

(1) violates this chapter or a final order of the commissioner or rule of the commission and does not correct the violation before the 31st day after the date the person receives written notice of the violation from the department; or

(2) engages in a pattern of violations, as determined by the commissioner.

(b) The amount of the penalty for each violation may not exceed $1,000 for each day the violation occurs.

(c) In determining the amount of the penalty, the commissioner shall consider the seriousness of the violation, the person's history of violations, and the person's good faith in attempting to comply with this chapter.

(d) The imposition of a penalty under this section is subject to judicial review as a contested case under Chapter 2001, Government Code.

(e) The commissioner may collect the penalty in the same manner that a money judgment is enforced in district court.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.