| (a) DADS may petition a district court for a temporary
restraining order against a center to restrain a continuing violation
of THSC Chapter 248A or standard in this chapter if DADS finds that
the violation creates an immediate threat to the health and safety
of minors served at a center.
(b) A district court, on petition of DADS, and on a
finding of the court that a person is violating THSC Chapter 248A
or a standard in this chapter, may by injunction:
(1) prohibit the person from continuing the violation;
(2) restrain or prevent the establishment or operation
of a center without a license under THSC Chapter 248A; or
(3) grant any other injunctive relief warranted by
the facts.
(c) DADS may request the attorney general to institute
and conduct a suit authorized by this section.
(d) DADS may recover reasonable expenses incurred in
obtaining relief under this section, including court costs, reasonable
attorney's fees, investigation costs, witness fees, and deposition
expenses.
(e) Venue for a suit brought under this section is
in the county in which the center is located or in Travis County.
(f) If DADS determines that a violation of THSC Chapter
248A or a standard in this chapter threatens the health and safety
of a minor served at the center, DADS may seek, against the person
who violates THSC Chapter 248A, the requirements in this chapter,
or fails to comply with a corrective action plan submitted in accordance
with this chapter, a civil penalty of not more than $500 for each
violation.
(1) Each day a violation continues constitutes a separate
violation for the purpose of this section.
(2) DADS may request the attorney general to sue to
collect the penalty. DADS may recover reasonable expenses incurred
in obtaining relief under this section, including court costs, reasonable
attorney fees, investigation costs, witness fees, and deposition expenses.
|
| Source Note: The provisions of this §550.1406 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
