| (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
agency representatives;
(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
representatives;
(7) Failure and/or refusal to meet with and discuss
compliance matters with agency representatives during any compliance
visit;
(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 |
