TREC has adopted a penalty matrix establishing sanction guidelines for common license law violations. How does this matrix affect TREC's authority when determining disciplinary penalties?
Correct Answer
B) It establishes presumptive penalty ranges while preserving TREC's discretion to adjust sanctions based on aggravating or mitigating factors
TREC's penalty matrix (adopted under TRELA §1101.704) establishes presumptive sanction ranges for common violations to promote consistency and transparency in disciplinary proceedings. However, the matrix does not eliminate TREC's discretion. TREC retains authority to deviate from the presumptive range when aggravating factors are present — such as prior disciplinary history, harm to consumers, or dishonest conduct — or when mitigating factors warrant a lesser sanction, such as cooperation with the investigation or prompt remedial action.
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