| 15 | 12 | | (c) In assessing an administrative penalty: |
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| 16 | 13 | | (1) the commissioner shall consider: |
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| 17 | 14 | | (A) the seriousness of the violation, including |
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| 18 | 15 | | the nature, circumstances, consequences, extent, and gravity of the |
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| 19 | 16 | | prohibited act; |
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| 20 | 17 | | (B) the history and extent of previous |
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| 21 | 18 | | administrative violations; |
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| 22 | 19 | | (C) the demonstrated good faith of the violator, |
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| 23 | 20 | | including actions taken to rectify the consequences of the |
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| 24 | 21 | | prohibited act; |
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| 25 | 22 | | (D) the penalty necessary to deter future |
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| 26 | | - | violations; [and] |
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| 27 | | - | (E) whether the administrative violation has |
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| 28 | | - | negative impact on the delivery of benefits to an injured employee; |
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| 29 | | - | (F) the history of compliance with electronic |
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| 30 | | - | data interchange requirements; and |
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| 31 | | - | (G) other matters that justice may require; and |
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| 32 | | - | (2) the commissioner shall, to the extent reasonable, |
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| 33 | | - | consider the economic benefit resulting from the prohibited act. |
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| 34 | | - | (c-1) The commissioner shall adopt rules that require the |
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| 35 | | - | division, in the assessment of an administrative penalty against a |
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| 36 | | - | person, to communicate to the person information about the penalty, |
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| 37 | | - | including: |
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| 38 | | - | (1) the relevant statute or rule violated; |
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| 39 | | - | (2) the conduct that gave rise to the violation; and |
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| 40 | | - | (3) the factors considered in determining the penalty. |
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| 41 | | - | SECTION 2. Section 415.021(c), Labor Code, as amended by |
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| 42 | | - | this Act, applies only to an administrative violation that occurs |
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| 43 | | - | on or after the effective date of this Act. |
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| 44 | | - | SECTION 3. The commissioner of workers' compensation shall |
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| 45 | | - | adopt rules under Section 415.021(c-1), Labor Code, as added by |
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| 46 | | - | this Act, as soon as practicable after the effective date of this |
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| 47 | | - | Act. |
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| 48 | | - | SECTION 4. This Act takes effect September 1, 2017. |
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| 23 | + | violations; and |
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| 24 | + | (E) other matters that justice may require; and |
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| 25 | + | (2) the commissioner shall, |
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| 26 | + | (A) to the extent reasonable, consider the |
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| 27 | + | economic benefit resulting from the prohibited act; |
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| 28 | + | (B) consider whether the administrative |
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| 29 | + | violation has negative impact on the delivery of benefits to an |
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| 30 | + | injured worker; and |
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| 31 | + | (C) refrain from assessing administrative |
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| 32 | + | penalties solely for failure to comply with electronic data |
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| 33 | + | interchange requirements after good faith efforts to comply. |
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| 34 | + | (d) The commissioner shall specifically enumerate the |
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| 35 | + | relevant statute or rule, the conduct that gives rise to the |
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| 36 | + | alleged violation, and how any penalties assessed by the division |
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| 37 | + | were determined. |
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| 38 | + | (d)(e) A penalty may be assessed only after the person |
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| 39 | + | charged with an administrative violation has been given an |
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| 40 | + | opportunity for a hearing under Subchapter C. |
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| 41 | + | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | + | a vote of two-thirds of all the members elected to each house, as |
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| 43 | + | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | + | Act does not receive the vote necessary for immediate effect, this |
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| 45 | + | Act takes effect September 1, 2017. |
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