The commission may impose an administrative penalty on a person after notice and a hearing if the person violates specified rules or engages in specified conduct.
Sec. 1956.041. ADMINISTRATIVE PENALTY. (a) The commission, after notice and an opportunity for a hearing, may impose an administrative penalty on a person who: (1) violates this subchapter or Subchapter A-2 or a rule or order of the commission under this chapter; or (2) engages in conduct that would constitute an offense under Section 1956.040(c-2) or (c-4). (b) Except as provided by Subsection (b-1), the amount of the administrative penalty may not exceed $1,000. Each day a violation occurs or continues to occur is a separate violation for the purpose of imposing a penalty under this section. In determining the amount of the administrative penalty under this section, the commission shall consider: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (2) the economic harm caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter a future violation; (5) efforts to correct the violation; and (6) any other matter that justice may require. (b-1) The amount of an administrative penalty for engaging in conduct described by Subsection (a)(2) or for a violation of Section 1956.036(f) may not exceed $1,000 for each violation. The aggregate penalty under this subsection for multiple violations may not exceed $10,000. (b-2) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019. (d) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019. Added by Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 8, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 191 (S.B. 208), Sec. 5, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019. SUBCHAPTER B. SALE OF CRAFTED PRECIOUS METAL TO DEALERS