Sec. 401.385. PRELIMINARY REPORT OF VIOLATION. If the department, after an investigation, concludes that a violation relating to an activity under its jurisdiction has occurred, the department may issue a preliminary report: (1) stating the facts that support the conclusion; (2) recommending that an administrative penalty under Section 401.384 be imposed; and (3) recommending the amount of the penalty, which shall be based on the seriousness of the violation as determined from the facts surrounding the violation.
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