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Texas Statutes (Last Updated: January 4, 2014) |
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LABOR CODE |
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Title 5. WORKERS' COMPENSATION |
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Subtitle A. TEXAS WORKERS' COMPENSATION ACT |
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Chapter 415. ADMINISTRATIVE VIOLATIONS |
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Subchapter B. SANCTIONS |
Sec. 415.021. ASSESSMENT OF ADMINISTRATIVE PENALTIES
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(a) In addition to any other provisions in this subtitle relating to violations, a person commits an administrative violation if the person violates, fails to comply with, or refuses to comply with this subtitle or a rule, order, or decision of the commissioner, including an emergency cease and desist order issued under Section 415.0211. In addition to any sanctions, administrative penalty, or other remedy authorized by this subtitle, the commissioner may assess an administrative penalty against a person who commits an administrative violation. The administrative penalty shall not exceed $25,000 per day per occurrence. Each day of noncompliance constitutes a separate violation. The commissioner's authority under this chapter is in addition to any other authority to enforce a sanction, penalty, fine, forfeiture, denial, suspension, or revocation otherwise authorized by law.
(b) The commissioner may enter a cease and desist order against a person who:
(1) commits repeated administrative violations;
(2) allows, as a business practice, the commission of repeated administrative violations; or
(3) violates an order or decision of the commissioner.
(c) In assessing an administrative penalty:
(1) the commissioner shall consider:
(A) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the prohibited act;
(B) the history and extent of previous administrative violations;
(C) the demonstrated good faith of the violator, including actions taken to rectify the consequences of the prohibited act;
(D) the penalty necessary to deter future violations; and
(E) other matters that justice may require; and
(2) the commissioner shall, to the extent reasonable, consider the economic benefit resulting from the prohibited act.
(d) A penalty may be assessed only after the person charged with an administrative violation has been given an opportunity for a hearing under Subchapter C.