Texas Register

TITLE 22 EXAMINING BOARDS
PART 17TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 361ADMINISTRATION
SUBCHAPTER AGENERAL PROVISIONS
RULE §361.13Board Committees [and Enforcement Committee]
ISSUE 07/08/2022
ACTION Proposed
Preamble Texas Admin Code Rule

[(a)]The Board may create committees to assist the Board in exercising its powers and duties.

[(b)]The presiding officer of the Board shall appoint the members of [the] committees. [Except as provided by subsection (c) of this section, each committee member must be a member of the Board.]

[(c)The presiding officer may appoint only members of the agency staff to the Enforcement Committee whose duties will include following the requirements of the APA, the Plumbing License Law and the policies, guidelines and rules established by the Board and:]

  [(1)investigating complaints or designating an employee of the Board to investigate complaints;]

  [(2)reviewing complaint investigations to determine whether a violation of the Plumbing License Law or Board Rules has occurred;]

  [(3)recommending the imposition of administrative penalties and issue notices of alleged violations;]

  [(4)conducting informal conferences;]

  [(5)negotiating proposed settlements;]

  [(6)overseeing the preparation for contested cases;]

  [(7)overseeing the issuance of cease and desist orders, criminal citations and the filing of injunctions; and]

  [(8)reviewing applicants for examination, registration and licensing who have a criminal conviction history affected by §363.15 of the Board Rules.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2022

TRD-202202373

Lynn Latombe

General Counsel

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: August 7, 2022

For further information, please call: (512) 936-5215



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