(a) Basis. The department may refuse an application
for an inspection if there are outstanding violations of the requirements
of §229.472 of this subchapter (relating to Inspection Fees and
Procedures) or §229.473 of this subchapter (relating to Minimum
Standards for Permitting and Operation), or for interference with
a department representative in the performance of their duties under
this subchapter.
(b) Hearings. Hearings for the refusal of an inspection
are governed by §§1.21, 1.23, 1.25, and 1.27 of this title
(relating to Formal Hearing Procedures) or under the provisions of
the Texas Government Code Chapter 2001, Administrative Procedure Act.
(c) Administrative penalties. Administrative penalties
in Texas Health and Safety Code §437.018, and in §229.261
of this chapter (relating to Assessment of Administrative Penalties),
may be assessed for violations of this subchapter or of Chapter 228
of this title (relating to Retail Food Establishments).
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Source Note: The provisions of this §229.474 adopted to be effective September 1, 2007, 32 TexReg 5376; amended to be effective February 18, 2018, 43 TexReg 578; amended to be effective May 13, 2024, 49 TexReg 3288 |