If during the course of a departmental inspection the inspector
determines the department has committed minor violations, the following
procedures shall apply.
(1) The inspector shall issue a notice of minor violations
identifying the findings from the compliance inspection.
(2) The department then has 30 calendar days from the
date the notice of alleged violations is received to provide the commission
with an acceptable corrective action plan that will be taken to correct
the minor violations. The schedule of actions in the plan will allow
necessary amounts of time for such things as obtaining items through
city requisitions and bid processes, when necessary. Lack of funds
is not an acceptable reason for delay.
(3) If the department fails to provide an acceptable
plan for obtaining compliance or does not request a hearing, the department
may be:
(A) allowed extra time to come into compliance;
(B) assessed appropriate penalties which may be probated
or prorated and may include suspension of certificates, administrative
penalties, hearing costs, and attorney fees;
(C) required to furnish proof of compliance.
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| Source Note: The provisions of this §445.9 adopted to be effective November 1, 1998, 23 TexReg 10905; amended to be effective July 29, 2002, 27 TexReg 6727; amended to be effective November 18, 2009, 34 TexReg 8041; amended to be effective February 26, 2015, 40 TexReg 829; amended to be effective February 24, 2021, 46 TexReg 1251 |
