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RULE §285.13Revocation of Authorized Agent Delegation

(a) An authorized agent's on-site sewage facility (OSSF) order, ordinance, or resolution may be revoked by order of the commission, after notice and an opportunity for a hearing, for the authorized agent's failure to implement, administer, or enforce Texas Health and Safety Code, this chapter, or its order, ordinance, or resolution.

(b) If the executive director determines that cause exists for revocation, the executive director shall:

  (1) meet with the authorized agent's county judge, mayor, general manager, or chairman of the board, or other authorized individual, to discuss the report of the executive director's findings, the authorized agent's response to the findings, and the possible revocation; and

  (2) prepare a letter documenting the meeting in paragraph (1) of this subsection and forward it to the authorized agent within ten days after the meeting.

(c) The authorized agent shall respond to the executive director's letter in subsection (b)(2) of this section in writing within 90 days after the date of the executive director's letter.

(d) If the executive director determines from the authorized agent's response that sufficient action will be taken to consistently enforce the OSSF program, the executive director will:

  (1) respond to the authorized agent that the revocation process will be discontinued; and

  (2) schedule another review of the authorized agent's program one year after the first review to verify that the authorized agent is consistently enforcing the OSSF program.

(e) If the executive director determines from the authorized agent's response that insufficient action will be taken, the executive director will:

  (1) file a petition with the commission according to Chapter 70 of this title (relating to Enforcement) seeking revocation;

  (2) initiate the hearing process with SOAH according to Chapter 80 of this title (relating to Contested Case Hearings);

  (3) publish notice of a public hearing that will be held to review the commission's possible revocation of the delegated authority. The notice must be published in a regularly published newspaper of general circulation in the local governmental entity's area of jurisdiction and shall:

    (A) include the time, date, and location of the public hearing; and

    (B) be published at least 20 days before the public hearing; and

  (4) hold a public hearing to review possible revocation of the delegated authority.

(f) An authorized agent may consent to the revocation of its OSSF delegation in writing before the public hearing. If the authorized agent consents to the revocation, the commission may revoke the authorized agent's delegated authority without a public hearing.

(g) After an opportunity for a hearing, the commission may:

  (1) issue an order revoking the authorized agent's delegation, which may include a charge-back fee;

  (2) issue an order requiring the authorized agent to take certain action or actions in order to retain delegation; or

  (3) take no action.

(h) If the authorized agent's delegation is revoked, the executive director shall assume responsibility for the OSSF program in the former authorized agent's jurisdiction. The executive director shall implement the program on the date of the revocation.

(i) An authorized agent that has had its OSSF authority revoked may be subject to charge-back fees according to §285.14 of this title (relating to Charge-back Fee).

Source Note: The provisions of this §285.13 adopted to be effective August 29, 2002, 27 TexReg 7917; amended to be effective September 11, 2008, 33 TexReg 7536

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