The Texas State Board of Plumbing Examiners adopts 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 new rules are adopted without changes to the proposed text as published in the May 21, 2004, issue of the Texas Register (29 TexReg 5027).

The 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 adopted in conjunction with the repeal of §§361.22 - 361.24, 361.26 and 361.27. The repealed sections set forth a portion of the same procedures in less detail as the new rules.

The 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 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 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 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 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 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 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.

No comments were received regarding the proposed new rules.

The new rules are adopted 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 adopted under the authority of Texas Government Code, Chapter 2001 (Administrative Procedure Act).