| (a) License revocation.
(1) If the department finds that a violation of the
Act or of a rule has occurred or is occurring at a youth camp for
which a license has been issued, the department shall give written
notice to the licensee setting forth the nature of the violation and
demanding that the violation cease.
(2) The department may initiate proceedings to revoke
the license if the licensee fails to comply with the notice of violation
in the time and manner directed in the notice.
(b) Assessment of an administrative penalty. The Commissioner
may assess an administrative penalty if a person violates the Act,
a rule of the department, or an order of the commissioner issued under
the Act or rules.
(c) Determination of the penalty amount. In determining
the amount of the penalty, the commissioner shall consider:
(1) previous compliance history;
(2) the seriousness of the violation;
(3) any hazard to public health and safety;
(4) the person's demonstrated good faith; and
(5) any other matters as justice may require.
(d) Administrative penalty limits. The administrative
penalty may not exceed $1,000 a day for each violation. Each day a
violation continues may be considered a separate violation.
(e) Opportunity for a hearing. Prior to revoking a
license or assessing an administrative penalty, the department shall
give the person charged an opportunity for a hearing. The hearing
shall be conducted in accordance with the Act, the Administrative
Procedures Act, Texas Government Code, Chapter 2001, and the formal
hearing procedures of the department at 25 Texas Administrative Code §1.21 et seq.
(f) Violation severity levels. Violations shall be
categorized into severity levels I, II, and III. Administrative penalties
may be imposed for:
(1) Critical violations. Severity level I violations
have or could have a direct or immediate negative effect on the health,
safety, and welfare of campers or the operation and management of
a youth camp. These violations are assessed at $750 - $1,000 per violation
per day. Examples of severity level I violations include, but are
not limited to:
(A) operating a youth camp without a current license;
(B) failing to report an incident of camper abuse or
neglect of a camper as required;
(C) providing drinking water from an unapproved source;
(D) policies or procedures not being followed in a
way that has a direct negative impact on camper health or safety;
(E) unqualified or insufficient number of personnel
staffing operations or activities;
(F) criminal conviction and sex offender records not
on file;
(G) sexual abuse training and exam records not on file;
and
(H) interfering with, denying, or delaying an inspection
or investigation conducted by a department representative.
(2) Serious violations. Severity level II violations
are those that could threaten the health, safety, and welfare of campers
or the operation and management of a youth camp. These violations
are assessed at $500 - $750 per violation per day. Examples of severity
level II violations include, but are not limited to:
(A) written personnel practices and policies regarding
camp and staff are not available as required;
(B) staff members not informed regarding personnel
and camp practice policies;
(C) proper sanitation of all food utensils not achieved;
(D) policies or procedures not being followed in a
way that could threaten the health, safety, and welfare of campers
or the operation and management of a youth camp;
(E) swimming areas not maintained in clean condition;
or
(F) disaster and/or fire evacuation procedures are
not posted properly.
(3) Significant violations. Severity level III violations
are those of concern that if left uncorrected could lead to more serious
circumstances. These violations are assessed at $250 - $500 per violation
per day. Examples of severity level III violations include, but are
not limited to:
(A) toilets and bathing facilities not adequately lighted
and ventilated;
(B) docking and waterskiing permitted in the swimming
area;
(C) vehicles used to transport staff or campers not
equipped with a first aid kit;
(D) policies or procedures not being followed in a
way that if left uncorrected could lead to more serious circumstances;
and
(E) unauthorized nudity allowed.
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| Source Note: The provisions of this §265.27 adopted to be effective April 16, 2006, 31 TexReg 3049; amended to be effective May 16, 2010, 35 TexReg 3815; amended to be effective June 25, 2020, 45 TexReg 4202 |
