Texas Department of Agriculture
Seed Administrative Penalty Matrix
The Department of Agriculture (the department) is publishing the following
administrative penalty matrix to inform the regulated public. This matrix
has been developed to provide consistent, uniform, and fair penalties for
violators of Chapter 61, Subchapter B, Texas Agriculture Code, (the Code)
and will replace the previous matrix as published in the May 5, 1995, issue
of the
Texas Register
(20 TexReg 3371). The
department's authority for the enforcement of Chapter 61 is found in the
Code,§12.020 whereby the department may assess administrative penalties
for each violation.
This matrix is based upon current information and reflects current industry
trends. As the enforcement of these types of violations continues and additional
data are gathered, the matrix will be reviewed and if need be, adjusted to
reflect any changes in the information upon which the current matrix is based.
For each type of offense there is a penalty range for initial violations.
The range increases for subsequent violations. The ranges were established
by considering the criteria set forth in the Code, §12.020(d): (1) the
seriousness of the violation, including but not limited to the nature, circumstances,
extent, and gravity of the prohibited acts, and the hazard or potential hazard
created to the health or safety of the public; (2) the damage to property
or the environment caused by the violation; (3) the history of previous violations;
(4) the amount necessary to deter future violations; (5) efforts to correct
the violation; and (6) any other matter that justice may require.
Due to the nature of the seed industry, the potential for hazard to the
health or safety of the public is unlikely. However, the hazard or potential
hazard to the horticultural or agricultural community will be applied to
the violations. This factor will be considered on a case-by-case basis.
The low end of each range is the presumptive base penalty for each violation,
and represents an appropriate penalty for violations which are considered
"minor" with respect to the criteria set forth in the Code, §12.020(d).
Penalties may be increased to the maximum within each range as the department
considers the circumstances and facts of each violation in light of the criteria
in the Code, §12.020(d). Additional adjustments in the penalty may be
allowed for extenuating circumstances as justice requires.
The penalty matrix takes into consideration prior violations of the same
type which will result in an increased administrative penalty. This is expressed
by the use of levels: 1st Level No previous violation(s) of the same type
within past 3 calendar years, beginning January 1, 1997. 2nd Level Violation(s)
of the same type in 1 year of past 3 calendar years, beginning January 1,
1997. 3rd Level Violation(s) of the same type in 2 calendar years of past
3 calendar years, beginning January 1, 1997. 4th Level Violation(s) of the
same type in each of past 3 calendar years, beginning January 1, 1997.
This penalty matrix will be effective for penalties assessed on or after
the date of publication.
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Issued in Austin, Texas, on December 31, 1996.
TRD-9618756
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: December 31, 1996
Notice of Administrative Hearing (MHD1997000807M)
Friday, January 10, 1997, 9:00 a.m.
State Office of Administrative Hearing, 300 West 15th Street, Suite 502
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of Texas Department of Housing
and Community Affairs vs. Clifford Bell on denial of certificate of registration
as a salesperson in accordance with the Texas Manufactured Housing Standards
Act, Texas Revised Statutes Annoted, article 5221f, §§7(l) and
7(k)(8) and 10 Texas Admin. Code, §80.125(j). SOAH 332-96-2428. Department
MHD1997000807-M.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
Issued in Austin, Texas, on December 31, 1996.
TRD-9618736
Larry Paul Manley
Executive Director
Texas Department of Housing and Community Affairs
Filed: December 31, 1996
Closed Solicitation for LaSalle County
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and
40 TAC §19.2324, in the March 31, 1995, issue of the
Texas Register
(20 TexReg 2443), the Texas Department of Human Services
(TDHS) is closing the solicitation for new Medicaid beds in Lasalle County,
County Number 142, which appeared in the September 5, 1995, issue of the
Issued in Austin, Texas, on December 30, 1996.
TRD-9618712
Glenn Scott
Agency Liaison
Texas Department of Human Services
Filed: December 30, 1996
Pursuant to Title 2, Chapters 22 and 32 of the Human Resources Code and
40 TAC §19.2324, in the March 31, 1995, issue of the
Texas Register
(20 TexReg. 2443), the Texas Department of Human Services
(TDHS) is announcing the reopening of the open solicitation period for Upton
County, County Number 231, identified in the November 19, 1996, issue of
the TexReg 21 (11318). Potential contractors desiring to construct a 90-bed
nursing facility in the above referenced county must submit a written reply
(as described in 40 TAC §19.2324) to TDHS, Gary L. Allen, Certification,
Provider Enrollment, & Billing Services, Long Term Care-Regulatory, Mail
Code (Y-976), P.O. Box 149030, Austin, Texas 78714-9030. Upon receipt of
a reply from a potential contractor, TDHS will place a notice in the Texas
Register to announce the closing date of the reopened solicitation period.
Issued in Austin, Texas, on December 30, 1996.
TRD-9618711
Glenn Scott
Agency Liaison
Texas Department of Human Services
Filed: December 30, 1996
Texas Department of Housing and Community Affairs-Manufactured Housing Division
Texas Department of Human Services
Open Solicitation for Upton County
Public Utility Commission of Texas