(a) The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.
(b) The penalty may not exceed $1,000 for each violation. Each day of a continuing violation constitutes a separate violation.
(c) In determining the amount of an administrative penalty assessed under this section, the department shall consider:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts made to correct the violation; and
(5) any other matters that justice may require.
(d) All proceedings for the assessment of an administrative penalty under this chapter are subject to Chapter 2001, Government Code.