ENFORCEMENT POLICY

(a) The executive commissioner by rule shall adopt a general enforcement policy that describes the commission's approach to enforcement of this chapter.

(b) The enforcement policy must:

(1) summarize the commission's general expectations in enforcing this chapter;

(2) include the methodology required by Subsection (c); and

(3) describe the commission's plan for strengthening its enforcement efforts and for making objective regulatory decisions.

(c) As part of the enforcement policy, the commission shall develop and implement a methodology for determining the appropriate disciplinary action to take against a person who violates this chapter or a commission rule. The methodology must:

(1) provide guidance on when to use each of the available tools of enforcement, including technical assistance, voluntary plans of action, probation, suspension or revocation of a license or registration, denial of a license or registration, administrative penalties, and emergency suspension; and

(2) allow the commission to consider the circumstances of a particular case, including:

(A) the nature and seriousness of the violation, including whether the violation involved the abuse or neglect of a child or resulted in the death or near fatal injury of a child;

(B) any history of previous violations, including a repetition or pattern of violations; and

(C) any aggravating and mitigating factors.