2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 243 - Ambulatory Surgical Centers › Subchapter A. General Provisions; Licensing and Penalties › Section 243.015. Imposition of Administrative Penalty

Sec. 243.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.  A penalty collected under this section or Section 243.016 shall be deposited in the state treasury in the general revenue fund.
(b)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
(c)  The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.  The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $5,000.
(d)  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the threat to health or safety caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation;  and
(6)  any other matter that justice may require.
(e)  If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person.
(f)  The notice under Subsection (e) must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty;  and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
(g)  Within 20 days after the date the person receives the notice under Subsection (e), the person in writing may:
(1)  accept the determination and recommended penalty of the department;  or
(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(h)  If the person accepts the determination and recommended penalty or if the person fails to respond to the notice, the department by order shall impose the recommended penalty.
(i)  If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date, and the department shall give written notice of the time and place of the hearing to the person.  An administrative law judge of that office shall conduct the hearing.
(j)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.
(k)  Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may:
(1)  find that a violation occurred and impose a penalty; or
(2)  find that a violation did not occur.
(l)  The notice of the department's order under Subsection (k) that is sent to the person in accordance with Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 3.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0676, eff. April 2, 2015.