The Texas State Board of Plumbing Examiners (Board) proposes new §§367.8 - 367.14, which provides for enforcement of Title 8, Chapter 1301, Occupations Code (Plumbing License Law), standards of conduct and requirements for licensees and registrants of the Board and persons offering to perform plumbing work and plumbing companies. The proposed new rules are responsive to and comply with changes made to the Plumbing License Law during the 78th Legislative Regular Session. The proposed new rules set forth procedures for the Board and its staff to follow from complaint investigations through the contested case hearings under the requirements of the Plumbing License Law and Administrative Procedure Act. The new rules are proposed in conjunction with the proposed repeal of §§361.22 - 361.24, 361.26 and 361.27. The sections proposed to be repealed set forth a portion of the same procedures in less detail as the proposed new rules.

The proposed new rule §367.8 sets forth procedures to be followed by the Board's staff for conducting complaint investigations under the requirements of the Plumbing License Law.

The proposed new rule §367.9 sets forth procedures to be followed by the Board's Enforcement Committee to resolve complaints and recommend and pursue disciplinary action for violations of the Plumbing License Law or Board Rules, including guidelines for determining when a citation should be issued.

The proposed new rule §367.10 sets forth the procedures to be followed by the Enforcement Committee when pursuing an administrative penalty according to the standardized Administrative Penalty Schedule policy adopted by the Board.

The proposed new rule §367.11 sets forth the guidelines for reprimand, probation, suspension and revocation of licenses and registrations and establishes guidelines for probation to be administered consistently.

The proposed new rule §367.12 sets forth the procedures to be followed by the Enforcement Committee when an individual fails to request a hearing after being notified of the Enforcement Committee's intent to deny the individual a license or revoke an individual's license or registration.

The proposed new rule §367.13 sets forth the procedures to be followed when the Enforcement Committee determines that an informal conference should be offered to a Respondent.

The proposed new rule §367.14 sets forth the procedures to be followed when the Enforcement Committee refers a contested case to the State Office of Administrative Hearings.

Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rules are in effect there will be no fiscal impact on local municipal government, small businesses and persons who comply with the Plumbing License Law and Board Rules, as a result of the adoption of these new rules. Persons or entities that violate the Plumbing License Law or Board Rules could be impacted by being required to pay administrative and other penalties in amounts from $100.00 to $5,000 for each violation, according to the nature and circumstances of the violation. The state government general revenue fund would be positively impacted by the amount of each administrative penalty paid by persons or entities that violate the Plumbing License Law or Board Rules.

Mr. Maxwell also has determined that each year of the first five years the rules are effect the public benefit anticipated as a result of enforcing these rules will be the protection of the public health, safety and welfare through fair and equitable enforcement of the Plumbing License Law. Additionally, the enforcement of these proposed new rules should further protect the public by discouraging violations of the Plumbing License Law and Board Rules.

Comments on the proposed new rules may be submitted within 30 days of publication of these proposed new rules in the Texas Register, to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.

The new rules are proposed under and affect Title 8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing License Law"), §§1301.251, 1301.303, 1301.451, 1301.502, 1301.504, 1301.5045, 1301.5071, Subchapter N of Chapter 1301, Occupations Code and Chapter 367 of the Board Rules. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.303 sets forth requirements for complaint investigations. Section 1301.451 sets forth the disciplinary powers of the Board. Section 1301.502 authorizes the issuance of citations according to guidelines adopted by the Board. Section 1301.504 authorizes the filing of injunctions. Section 1301.5045 authorizes the issuance of cease and desist orders. Section 1301.5071 requires the Board to adopt procedures for conducting informal conferences and authorizes the Board to order restitution. Subchapter N authorizes the Board to impose administrative penalties, sets general procedures for the imposition and collection of the administrative penalties, hearings and appeals. Board Rules Chapter 367 provides for enforcement of the Plumbing License Law, standards of conduct and requirements for licensees and registrants of the Board and persons offering to perform plumbing work and plumbing companies. These new rules are also proposed under the authority of Texas Government Code, Chapter 2001 (Administrative Procedure Act).

No other statute, article or code is affected by these proposed new rules.