The Texas State Board of Plumbing Examiners (Board) proposes amendments to the rule set forth in 22 TAC §367.10, concerning Administrative Penalty, to implement SB 2065 (85th Regular Legislative Session), which grants the Board the authority to adopt a Default Final Order when a respondent fails to respond to the Notice of Alleged Violation and accept the recommended administrative penalty or request a hearing on the alleged violation.

The proposed amendments to §367.10 modify the Board's procedures for imposing an administrative penalty. New subsections (c) and (d) are added to allow the Enforcement Committee to present to the Board a motion for default order along with a proposed Default Order containing findings of fact and conclusions of law when a Respondent fails to respond to the Notice of Alleged Violation. All subsequent subsections are re-lettered accordingly. The amendments also allow the Board to grant the relief recommended in the proposed Default Order, or such other relief as may be justified by the evidence presented by the Enforcement Committee. The existing provision that requires the Enforcement Committee to set a formal hearing at SOAH if, within twenty days of receipt, a respondent fails to respond to the Notice of Alleged Violation is deleted.

Lisa G. Hill, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the amendments are in effect, there will be no fiscal impact on state or local government as a result of enforcing the amendments as proposed. Because the amendments do not create any new administrative penalties or change the amounts of existing penalties, there should be no significant fiscal impact on small or micro-businesses.

Ms. Hill has also determined that for each of the first five years the amendments as proposed are in effect, the public benefit anticipated as a result of enforcing this proposal will be to have quicker resolution of enforcement cases.

Written comments regarding the proposed amendments to §367.10 may be submitted by mail to Lisa G. Hill at P.O. Box 4200, Austin, Texas 78765-4200; or by email to info@tsbpe.texas.gov with the subject line "367.10." All comments must be received within 30 days.

The rules set forth in 22 TAC §367.10 are proposed under the authority of §1301.251 of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce the Plumbing License Law; Subchapter N of the Occupations Code, which grants the Board the authority to impose administrative penalties for violations of Plumbing License Law; and SB 2065, which enacted changes to §1301.704 and §1301.705 of the Plumbing License Law.

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