(a) The Texas Legislature does not appropriate funds
to finance the operations of the board. Instead, the board is funded
by licensing fees and other sources and is responsible for all direct
and indirect costs of operations. It is the policy of the board to
impose all direct administrative costs against the persons responsible
for the costs of enforcement as opposed to being assessed against
the licensing fees collected from license holders in compliance with
the Act in the absence of a waiver of these costs for good cause.
(b) Direct administrative costs are defined in §519.2(10)
of this chapter (relating to Definitions) and the board will use this
definition in determining the direct administrative costs of an enforcement
action. The direct administrative costs will not exceed the actual
costs of the criteria established in §519.2(10) of this chapter.
(c) The board staff is responsible for proving the
amount and method of assessing the direct administrative costs being
presented in a proceeding before an ALJ at SOAH and when presented
to the board for the board's final decision. The costs will be documented
by the staff recording the time they devote to each enforcement action.
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