Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 13 - REGULATIONS FOR COMPRESSED NATURAL GAS (CNG) › Subchapter A - SCOPE AND DEFINITIONS › Section 13.15 - Penalty Guidelines and Enforcement

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, and registered manufacturers 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 CNG-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 116; of rules, orders, licenses, permits, or certificates relating to
				  CNG 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 116; of rules,
				  orders, licenses, registrations, permits, or certificates relating to CNG
				  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.