| (a) A Responsible Party must comply with all applicable
Legal Requirements.
(b) A failure by the Department to identify, address,
or take action with respect to any one or more Events of Noncompliance
does not constitute a waiver, ratification, or approval of, consent
to, or agreement with such noncompliance. It is the responsibility
of a Responsible Party to be familiar with the applicable Legal Requirements.
(c) Recordkeeping. Each referring division will keep
records in accordance with the Department's record retention schedule
and any other state or Federal requirements of all Events of Noncompliance.
(d) As provided for in Texas Government Code, §2306.6719,
parties subject to certain compliance requirements must be afforded
written notice and a reasonable period to correct identified Events
of Noncompliance that are susceptible to being corrected. It is the
responsibility of each division to provide any required cure, Corrective
Action, or notice period(s) prior to referral of any matter to the
Committee under this chapter. Matters should not be referred to the
Committee until such cure, Corrective Action, or notice periods have
been completed or expired.
(e) For each Event of Noncompliance, the Department
will evaluate which Person or Persons had Control of the Development,
Program, or activity at the time the Event of Noncompliance occurred.
A Person will not be referred for Debarment or assessed a Administrative
Penalty because they have newly acquired a Development that has existing
Events of Noncompliance, provided that the findings are resolved by
transferee within a reasonable timeframe after purchase, in accordance
with a plan that is approved by the Department in an ownership transfer
request under §10.406 of this title (relating to Ownership Transfers
(§2306.6713)). Sale or foreclosure of a property does not preclude
Debarment consideration against the Person or Persons who had Control
of the Development, Program, or activity at the time an Event of Noncompliance
occurred.
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