State RegulationsTX specificDifficulty 1/5
Which of the following must the Commissioner consider in setting the amount of an administrative penalty under TIC 84.022?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
Under TIC 84.022, the Commissioner must consider the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard it poses to the health, safety, or economic welfare of the public, along with economic harm, history of previous violations, the amount needed to deter, efforts to correct, whether the violation was intentional, and other matters justice requires. Practical consequence: the same violation can produce very different penalties depending on how these factors weigh, so documented corrective action matters.
Why the other options are wrong
- A) The number of licenses the person holds is not one of the statutory penalty factors.
- C) The complainant's request is not a factor, because the amount is set from the statutory factors rather than from what the complainant asks for.
- D) Length of licensure is not a listed factor, although the person's history of previous violations is.
Memory hook
There are seven penalty factors, and seriousness leads the list.