The Texas State Board of Plumbing Examiners (Board) proposes amendments to 22 TAC §367.10, concerning Administrative Penalty. The proposed amendments grant the Board greater flexibility to settle cases and greater enforcement authority.

The amendment to §367.10(f) emphasizes that the Board ultimately decides the appropriate sanction or outcome of a contested case. Subsection (l) shifts the cost of preparing an administrative record to the Respondent challenging the Board's final order.

Subsections (h) and (i) merge the factors set forth in §1301.702(b) of the Texas Occupations Code (Plumbing License Law) and the administrative penalty schedule.

Background and Justification

The amendments broaden the enforcement powers of the Board and present, in rule form, the Administrative Penalty Schedule.

Fiscal Note

Lisa Hill, Executive Director, has determined that for the first five-year period the amended rule is in effect, there will be no additional cost to state or local governments as a result of enforcing or administering the amendments. Ms. Hill has determined that there will be no economic cost to individuals who would otherwise be subject to this rule. Ms. Hill has also determined there will be no measurable effect on small businesses and micro businesses. There is no anticipated difference in effect between small and large businesses.

Public Benefit

Ms. Hill has concluded that for each year of the first five years the rule is amended, the anticipated public benefit will be to provide greater enforcement authority to the Board and grant the Board greater latitude to settle cases.

Public Comment

The Texas State Board of Plumbing Examiners invites comments on the proposed amendments to this rule from any member of the public. Written comments should be mailed to Lisa Hill, Executive Director, at P.O. Box 4200, Austin, Texas 78765-4200; faxed to her attention at (512) 450-0637; or sent by email to info@tsbpe.state.tx.us.

Statutory Authority

The amendments to §367.10 are proposed under and affect Chapter 1301 of the Texas Occupations Code (Plumbing License Law). Plumbing License Law §1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law.

No other statute, article, or code is affected by the proposed amendments.