In setting the amount of an administrative penalty under TIC 84.022(b), which of the following is NOT among the factors the department must consider?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under TIC 84.022(b), the amount of the penalty shall be based on the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or potential hazard created to the health, safety, or economic welfare of the public; the economic harm to the public interest or public confidence; the history of previous violations; the amount necessary to deter a future violation; efforts to correct the violation; whether the violation was intentional; and any other matter that justice may require. Media coverage is not among them. Because the final factor is open-ended, the department has real flexibility, but it must still work through the enumerated list.
Why the other options are wrong
- B) Economic harm to the public interest or public confidence is an enumerated factor under TIC 84.022(b).
- C) Seriousness, including the hazard or potential hazard to health, safety, or economic welfare, is the first listed factor.
- D) Whether the violation was intentional is one of the factors the department must weigh.
Memory hook
Penalty factors: seriousness, harm, history, deterrence, correction, intent, justice.