Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.15 - Penalty Guidelines for LP-Gas Safety Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. Improved safety and environmental
				  protection are the desired outcomes of any enforcement action. Encouraging
				  licensees, certificate holders, registered manufacturers, and other registrants
				  to take appropriate voluntary corrective and future protective actions once a
				  violation has occurred is an effective component of the enforcement process.
				  Deterrence of violations through penalty assessments is also a necessary and
				  effective component of the enforcement process. A rule-based enforcement
				  penalty guideline to evaluate and rank LP-gas-related violations is consistent
				  with the central goal of the Commission's enforcement efforts to promote
				  compliance. Penalty guidelines set forth in this section will provide a
				  framework for more uniform and equitable assessment of penalties throughout the
				  state, while also enhancing the integrity of the Commission's enforcement
				  program.
(b) Guidelines This
				  section complies with the requirements of Texas Natural Resources Code, §
										RSA
				  81.0531. The penalty amounts contained in the
				  tables in this section are provided solely as guidelines to be considered by
				  the Commission in determining the amount of administrative penalties for
				  violations of Texas Natural Resources Code, Chapter 113; of rules, orders,
				  licenses, registrations, permits, or certificates relating to LP-gas safety
				  adopted under those provisions; and of regulations, codes, or standards that
				  the Commission has adopted by reference.
(c) Commission authority. The establishment
				  of these penalty guidelines shall in no way limit the Commission's authority
				  and discretion to assess administrative penalties. The typical minimum
				  penalties listed in this section are for the most common violations cited;
				  however, this is neither an exclusive nor an exhaustive list of violations that
				  the Commission may cite. The Commission retains full authority and discretion
				  to cite violations of Texas Natural Resources Code, Chapter 113; of rules,
				  orders, licenses, registrations, permits, or certificates relating to LP-gas
				  safety adopted or issued under those provisions; and of regulations, codes, or
				  standards that the Commission has adopted by reference, and to assess
				  administrative penalties in any amount up to the statutory maximum when
				  warranted by the facts in any case, regardless of inclusion in or omission from
				  this section.
(d) Factors
				  considered. The amount of any penalty requested, recommended, or finally
				  assessed in an enforcement action will be determined on an individual
				  case-by-case basis for each violation, taking into consideration the following
				  factors:
(1) the person's history of previous
				  violations;
(2) the seriousness of
				  the previous violations;
(3) any
				  hazard to the health or safety of the public; and
(4) the demonstrated good faith of the person
				  charged.