| (a) Not more than once a year, the executive director shall
review an authorized agent's program for compliance with requirements established
by Texas Health and Safety Code, Chapter 366; this chapter; and the order,
ordinance, or resolution adopted by the authorized agent.
(1) During the review the executive director shall:
(A) evaluate the authorized agent's:
(i) administrative processes;
(ii) planning material review processes;
(iii) permitting processes;
(iv) inspection processes; and
(v) complaint resolution processes;
(B) conduct an interview with the authorized agent's representative,
to present the results of the executive director's review.
(2) After the executive director completes the review, the
executive director shall:
(A) prepare a written report of the executive director's findings;
and
(B) forward a copy of the report to the authorized agent by
certified mail within 60 days after completing the review.
(b) If as a result of the executive director's review the executive
director determines that the authorized agent's program is deficient, the
authorized agent must respond in writing to the executive director within
45 days after the date of the executive director's report with a plan to address
all deficiencies noted during the review. The executive director shall offer
assistance to the authorized agent including providing training to the authorized
agent's designated representative. Additionally, if the authorized agent's
program is:
(1) deficient because it does not consistently provide required
documentation of the permitting, inspection, and compliance investigation
processes the executive director shall review the authorized agent's response
and determine if the response is adequate. If the response is adequate, the
executive director shall not take further action. If the authorized agent's
response is not adequate, or the authorized agent fails to respond, the executive
director shall continue to work with the authorized agent until the deficiencies
are resolved by making contact with the authorized agent through additional
letters or by telephone;
(2) deficient because it does not consistently enforce the
permitting, planning, construction, operation, and maintenance of on-site
sewage facility systems, the executive director shall review the authorized
agent's response and determine if adequate measures will be taken to correct
the deficiencies. If the response is adequate, the executive director will
schedule another review of the authorized agent's program one year after the
first review to verify that the deficiencies have been corrected. If the authorized
agent's response is not adequate, the authorized agent fails to respond, or
the executive director's next annual review determines that the authorized
agent's program has the same deficiencies as noted during the previous review,
the executive director will begin the process of revoking the authorized agent's
delegated authority under §285.13 of this title (relating to Revocation
of Authorized Agent Delegation); or
(3) endangering human health or safety, the executive director
will begin the process of revoking the authorized agent's delegated authority
under §285.13 of this title.
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