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(a)The Enforcement Committee shall pursue expeditious resolution of complaints by voluntary agreed settlement, whenever appropriate. (b)The Enforcement Committee may review complaints and alleged violations referred by the Director of Enforcement and may determine to: (1)dismiss a complaint due to: (A)no occurrence of a violation; or (B)the lack of sufficient evidence to prove a violation; (2)further investigate a complaint; (3)find that a violation may have occurred and issue a warning; (4)find that a violation occurred and pursue an administrative penalty under the Administrative Penalty Schedule adopted by the Board; (5)find that a violation occurred and pursue license or registration probation, suspension or revocation; or (6)pursue any other or additional action allowed under the Plumbing License Law and Board Rules that justice may require, including: (A)issue a Cease and Desist Order, under §1301.5045, of the Plumbing License Law; (B)file an injunction under §1301.504, of the Plumbing License Law; (C)issue a Class C Misdemeanor citation to repetitive offenders of the Plumbing License Law or Board Rules, only if other enforcement measures, including administrative penalties have previously been imposed; or (7)offer an Informal Conference to a Respondent in accordance with the requirements of the Administrative Procedure Act, if the Enforcement Committee determines that such a conference is needed to assist the Enforcement Committee in determining: (A)whether or not a violation occurred; (B)the seriousness or the effect of a violation; (C)the appropriate disciplinary action to be pursued, including administrative penalties, license or registration probation, suspension or revocation; or (D)the amount of restitution to be paid by a Respondent, under §1301.5071, of the Plumbing License Law, instead of, or in addition to other disciplinary actions.
This agency hereby
certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 22, 2004
TRD-200404678 Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: August 11, 2004
Proposal publication date: May 21, 2004
For further information, please call: (512) 458-2145
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