(a) HHSC may take one or more of the following actions against a contractor in accordance with §49.522 and §49.523 of this division (relating to Corrective Action Plan and Referral Hold):(1) require the development of and compliance with a corrective action plan; and(2) impose a referral hold.(b) HHSC may consider the following factors in determining the action to be taken:(1) the extent and seriousness of the contractor's non-compliance with the contract that is the subject of the action;(2) the contractor's history of previous non-compliance with:(A) the contract that is the subject of the action;(B) a contract other than the one that is the subject of the action;(C) a contractual agreement with HHSC; and(D) a contractual agreement with a governmental entity other than HHSC;(3) previous action taken or sanctions imposed against the contractor by DADS or HHSC; and(4) the contractor's written response to HHSC's finding that the contractor is not in compliance with the contract.