| (I) Conducting or participating in the inspection of
a vehicle during a period of suspension, revocation, denial, after
expiration of suspension but before reinstatement, or after expiration
of inspector certification.
(J) Altering or damaging an item of inspection with
the intent that the item fail the inspection.
(K) Multiple instances of preparing or submitting to
the department false, incorrect, incomplete, or misleading forms or
reports.
(L) Multiple instances of failing to enter complete
and accurate data into the emissions testing analyzer or electronic
station interface device, or failing to transmit complete and accurate
data in the manner required by the department.
(M) Violating a prohibition described in §23.57
of this title (relating to Prohibitions) not otherwise provided in
this section.
(4) Category D. These violations are grounds for indefinite
suspension based on the temporary failure to possess or maintain an
item or condition necessary for certification. The suspension of inspection
activities is lifted upon receipt by the department of proof the obstacle
has been removed or remedied.
(A) Failing to possess a valid driver license.
(B) Failing to possess a required item of inspection
equipment.
(5) Category E. These violations apply to inspectors
and vehicle inspection stations in which emission testing is required.
(A) Failing to perform applicable emissions test as
required.
(B) Issuing a passing emissions inspection report without
performing the emissions test on the vehicle as required.
(C) Failing to perform the gas cap test, or the use
of unauthorized bypass for gas cap test.
(D) Issuing a passing emissions inspection report when
the required emissions adjustments, corrections or repairs have not
been made after an inspection disclosed the necessity for such adjustments,
corrections or repairs.
(E) Falsely representing to an owner or operator of
a vehicle that an emissions related component must be repaired, adjusted
or replaced in order to pass emissions inspection.
(F) Requiring an emissions repair or adjustment not
required by this chapter, department regulation, or the Act.
(G) Tampering with the emissions system or an emission
related component in order to cause vehicle to fail emissions test.
(H) Refusing to allow the owner to have emissions repairs
or adjustments made at a location of the owner's choice.
(I) Allowing an uncertified person to conduct an emissions
inspection.
(J) Charging more than the authorized emissions inspection
fee.
(K) Entering false information into an emission analyzer
in order to issue an inspection report.
(d) When assessing administrative penalties, the procedures
detailed in this subsection will be observed:
(1) Multiple vehicle inspection station violations
may result in action being taken against all station licenses held
by the owner.
(2) The department may require multiple suspension
periods be served consecutively.
(3) Enhanced penalties assessed will be based on previously
adjudicated violations in the same category. Any violation of the
same category committed after final adjudication of the prior violation
will be treated as a subsequent violation for purposes of penalty
enhancement.
(A) Category A violations are subject to a two year
period of limitations preceding the date of the current violation.
(B) Under Category B, C, and E, subsequent violations
are based on the number of previously adjudicated or otherwise finalized
violations in the same category within the five year period preceding
the date of the current violation.
(4) The penalty schedule is a guide only and does not
limit the department's authority to impose additional penalties, sanctions,
or both, should the department determine the scheduled penalty insufficient
under the specific circumstances presented. Such circumstances may
include a significant number of similar violations in a brief period,
a pattern of conduct established by repeated as yet unadjudicated
violations, or a violation determined to constitute a threat to public
health, safety, or welfare under Texas Transportation Code, §548.407.
(e) Certification for a vehicle inspection station
may not be issued if the person's immediate family member's certification
as a vehicle inspection station owner at that same location is currently
suspended or revoked, or is subject to a pending administrative adverse
action, unless the person submits an affidavit stating the certificate
holder who is the subject of the suspension, revocation or pending
action, has no, nor will have any, further involvement in the business
of state inspections. The application will be rejected as incomplete
if the applicant fails to submit the required affidavit.
(f) A new certification for a vehicle inspection station
may be issued at the same location where the previous certificate
holder as an owner or operator is pending or currently serving a suspension
or revocation, if the person submits an affidavit stating the certificate
holder who is the subject of the suspension or revocation, has no,
nor will have any, further involvement in the business of state inspections.
The affidavit must contain the statement that the affiant understands
and agrees that in the event the department discovers the previous
certificate holder is involved in the inspection business at that
location, the certificate will be revoked under Texas Transportation
Code, §548.405. In addition to the affidavit, when the change
of ownership of the vehicle inspection station is by lease of the
building or the inspection area, the person seeking certification
must provide a copy of the lease agreement included with the application
for certification as an official vehicle inspection station. The application
will be rejected as incomplete if the applicant fails to submit the
required affidavit.
(g) Reinstatement. Expiration of the suspension period
does not result in automatic reinstatement of the certificate. Reinstatement
must be requested by contacting the department, and this may be initiated
prior to expiration of the suspension. In addition, to meet all qualifications
for the certificate, the certificate holder must:
(1) attend and complete the vehicle inspection training
program and pass the complete written and demonstration test;
(2) submit the certification fee if certification has
expired during suspension; and
(3) pay all charges assessed related to the administrative
hearing process, if applicable.
(h) The failure to pay an administrative penalty that
has become final, whether by the passage of the deadline to appeal
or by final court disposition, whichever is later, will result in
suspension of the license with no further notice or right to appeal.
The suspension will take effect upon the passage of the deadline to
appeal and will remain in effect until the penalty is paid in full.
(i) The director or the director's designee may immediately
suspend or revoke a certificate as an inspector or inspection station
if the director or the director's designee finds that the action is
necessary to prevent or remedy a threat to public health, safety,
or welfare as described in Texas Transportation Code, §548.407(d)(1-10).
Specifically, this section's emissions-related inspection violations
are adopted pursuant to Texas Transportation Code, §548.302,
and therefore constitute a threat to public health, safety, or welfare
under §548.407(d)(8) of the Act.
(j) For purposes of establishing a violation relating
to the entry of false information or the failure to enter accurate
information into the electronic database, the entry of an inspector's
identifying PIN creates a rebuttable presumption that the inspector
whose PIN was used committed the violation. The allegation may be
rebutted by the submission of credible evidence establishing by a
preponderance of evidence that another person used the inspector's
PIN to commit the violation. The submission of such evidence will
constitute an admission of having failed to secure the PIN and, if
applicable, allowing an uncertified individual to conduct an inspection.
|
| Source Note: The provisions of this §23.62 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 265; amended to be effective September 15, 2016, 41 TexReg 7119; amended to be effective May 14, 2020, 45 TexReg 3142; amended to be effective January 10, 2022, 47 TexReg 30; amended to be effective September 14, 2023, 48 TexReg 5071 |
