|(a) A finding that a probationer is in non-compliance
with the terms and conditions of the probationer's order or remedial
plan may be made by the board's representatives at the conclusion
of a probation appearance or by the executive director.
(b) A finding of non-compliance shall be considered
unprofessional or dishonorable conduct likely to deceive, defraud,
or injure the public and is a violation of the Act.
(c) Non-compliance includes, but is not limited to:
(1) Failure to comply with a term or condition in an
order or remedial plan;
(2) Failure to cooperate with agency representatives;
(3) Failure to promptly respond to communications by
(4) Failure to comply with deadlines set forth in an
order or remedial plan or as established by agency representatives
for the purpose of enforcement of an order or remedial plan;
(5) Failure to timely submit documents required as
a term or condition of an order or remedial plan;
(6) Failure to release documents as requested by agency
(7) Failure and/or refusal to meet with and discuss
compliance matters with agency representatives during any compliance
(8) Interference by probationer or agents of probationer
that compromises and/or prevents agency representatives from fulfilling
duties and responsibilities as set by an order, remedial plan, rule,
or statute during a compliance visit; and
(9) Any expression by word or deed, either directly
or indirectly, to agency representatives that a reasonable person
would find as harassing, insulting, disrespectful, or rude.
(d) Upon a finding of non-compliance, due process will
be extended to a probationer in accordance with the Act and the probationer
shall be invited to attend a probationer show compliance proceeding
as set forth in §187.44 of this title (relating to Probationer
Show Compliance Proceedings).
(e) In lieu of a probationary show compliance proceeding
and in order to resolve violations of an order or remedial plan, a
probationer may waive his or her rights to a hearing as provided under
the Act, §187.44 of this title, and the APA, and accept a settlement
agreement proposed by the compliance manager with the approval of
the executive director.
|Source Note: The provisions of this §189.8 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective May 2, 2010, 35 TexReg 3280; amended to be effective September 30, 2012, 37 TexReg 7486