If during the course of a departmental inspection the inspector
determines the department has committed major violations involving
protective clothing, self-contained breathing apparatus, personal
alert safety systems or breathing air, the following procedures shall
apply:
(1) The inspector shall issue a notice of alleged violations
identifying the violations and the corrective measures to be taken
by the department to correct the listed violations.
(2) The department has 30 calendar days from the date
of receipt of the formal notice of noncompliance to correct the violations,
and to provide the commission with proof of compliance or submit written
notice of appeal.
(3) If the department fails to come into compliance
in the required time frame an administrative penalty of up to $500
per day may be assessed from the first day of formal notice of violation
for each violation. If it is determined that the department was assessed
administrative penalties for the same or similar violations within
the previous five years, the administrative penalty of up to $1,000
per violation may be assessed.
(4) The department then has 30 calendar days from formal
notice of administrative penalties assessed to pay the administrative
penalty or submit written notice of appeal.
(5) Upon receipt of a written appeal concerning administrative
action or penalty a hearing will be scheduled. Chapter 154 of the
Texas Civil Practice and Remedies Code shall be used as a procedural
guide.
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