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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER ZINSPECTION FEES FOR RETAIL FOOD ESTABLISHMENTS
RULE §229.474Refusal of Inspection Request; Administrative Penalties

(a) Basis. The department may refuse an application for an inspection if there are outstanding violations of the requirements of §229.472 of this subchapter (relating to Inspection Fees and Procedures) or §229.473 of this subchapter (relating to Minimum Standards for Permitting and Operation), or for interference with a department representative in the performance of their duties under this subchapter.

(b) Hearings. Hearings for the refusal of an inspection are governed by §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures) or under the provisions of the Texas Government Code Chapter 2001, Administrative Procedure Act.

(c) Administrative penalties. Administrative penalties in Texas Health and Safety Code §437.018, and in §229.261 of this chapter (relating to Assessment of Administrative Penalties), may be assessed for violations of this subchapter or of Chapter 228 of this title (relating to Retail Food Establishments).


Source Note: The provisions of this §229.474 adopted to be effective September 1, 2007, 32 TexReg 5376; amended to be effective February 18, 2018, 43 TexReg 578; amended to be effective May 13, 2024, 49 TexReg 3288

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