1. (a) A finding that a probationer is in non-compliance with the terms and conditions of the probationer's order may be made by the board's representatives at the conclusion of a probation appearance or by the executive director.
2. (b) A finding of non-compliance shall be considered unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public and is a violation of the Act.

3. (c) Non-compliance includes, but is not limited to:

   1. (1) Failure to comply with a term or condition in an order;
   2. (2) Failure to cooperate with agency representatives;
   3. (3) Failure to promptly respond to communications by agency representatives;
   4. (4) Failure to comply with deadlines set forth in an order or established by agency representatives for the purpose of enforcement of an order;
   5. (5) Failure to timely submit documents required as a term or condition of an order;
   6. (6) Failure to release documents as requested by agency representatives;
   7. (7) Failure and/or refusal to meet with and discuss compliance matters with agency representatives during any compliance visit;
   8. (8) Interference by probationer or agents of probationer that compromises and/or prevents agency representatives from fulfilling duties and responsibilities as set by an order, rule, or statute during a compliance visit; and
   9. (9) Any expression by word or deed, either directly or indirectly, to agency representatives that a reasonable person would find as harassing, insulting, disrespectful, or rude.
4. (d) Upon a finding of non-compliance, due process will be extended to a probationer in accordance with the Act and the probationer shall be invited to attend a probationer show compliance proceeding as set forth in §187.44 of this title (relating to Probationer Show Compliance Proceedings).
5. (e) In lieu of a probationary show compliance proceeding and in order to resolve violations of an order, a probationer may waive his or her rights to a hearing as provided under the Act, §187.44 of this title (relating to Probationer Show Compliance Proceedings), and the APA, and accept a settlement agreement proposed by the compliance manager with the approval of the executive director.

Source Note:The provisions of this §189.8 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective May 2, 2010, 35 TexReg 3280.