1. (a) As provided in Texas Transportation Code, §548.405, and in accordance with this section, the department may deny an application for a certificate, revoke or suspend the certificate of a person, vehicle inspection station, or inspector, place on probation, or reprimand a person who holds a certificate.
2. (b) Pursuant to Texas Transportation Code, §548.405(h) and (i), the department will administer penalties by the category of the violation. The violations listed in this section are not an exclusive list of violations. The department may assess penalties for any violations of Texas Transportation Code, Chapter 548 (the Act), or rules adopted by the department. The attached graphic summarizes the violation categories and illustrates the method by which penalties are enhanced for multiple violations.
   Attached Graphic
   

3. (c) Violation categories are as follows:

   1. (1) Category A.

      1. (A) Issuing an inspection certificate without inspecting one or more items of inspection.
      2. (B) Issuing an inspection certificate without requiring the owner or operator to furnish proof of financial responsibility for the vehicle at the time of inspection.
      3. (C) Failure to complete the reverse side of an inspection certificate.
      4. (D) Failure to place an inspection certificate in the proper location on the vehicle.
      5. (E) Issuing out of date, wrong series or type of inspection certificate for vehicle inspected.
      6. (F) Refusing to inspect a vehicle without an objective justifiable cause related to safety.
      7. (G) Failure to properly safeguard inspection certificates, department issued forms, the electronic station interface device, emissions analyzer access/identification card, and/or any personal identification number (PIN).
      8. (H) Failure to maintain required records.
      9. (I) Failure to have at least one certified inspector on duty during the normal working hours of the vehicle inspection station.
      10. (J) Failure to display the official department issued vehicle inspection station sign, certificate of appointment, procedure chart and other notices in a manner prescribed by the department.
      11. (K) Failure to issue certificates in numerical sequence for every vehicle inspected and approved.
      12. (L) Failure to account for an inspection certificate.
      13. (M) Failure to post hours of operation.
      14. (N) Failure to maintain the required facility standards.
      15. (O) Issuing a certificate to a vehicle with one failing item of inspection.
      16. (P) Transferring an inspection certificate from an old windshield to a new windshield on the same vehicle, or failing to properly affix the certificate to the windshield of a passenger vehicle, if one is present.
      17. (Q) Failing to enter information, or entering incorrect vehicle information into an emission analyzer at a vehicle inspection station, where emission testing is required, resulting in reporting of erroneous information concerning the vehicle.
      18. (R) Failing to enter information or entering incorrect vehicle information into the electronic station interface device resulting in the reporting of erroneous information concerning the vehicle.
      19. (S) Failure to conduct an inspection within the inspection area approved by the department for each vehicle type.
      20. (T) Failure of inspector of record to ensure complete and proper inspection.
      21. (U) Issuing an out of state vehicle identification certificate to a vehicle where the inspection certificate is more than 30 days old.
      22. (V) Failure to enter an inspection into the approved interface device at the time of the inspection.
      23. (W) Performing an inspection without a valid driver license.
      24. (X) Conducting an inspection without the appropriate and operational testing equipment.
      25. (Y) Failure to perform a complete inspection and/or issue a rejection receipt.
      26. (Z) Failure to affix or affixing incorrect approved numeral insert to indicate date of issuance or expiration.
      27. (AA) Requiring repair or adjustment not required by the Act, this chapter, or department regulation.

   2. (2) Category B.

      1. (A) Issuing an inspection certificate without inspecting the vehicle.
      2. (B) Issuing inspection certificate to a vehicle with multiple failing items of inspection.
      3. (C) Refusing to allow owner to have repairs or adjustments made at location of owner's choice.
      4. (D) Allowing an uncertified person to perform, in whole or in part, the inspection or rejection of a required item during the inspection of a vehicle.
      5. (E) Charging more than the statutory fee.
      6. (F) Acting in a manner that could reasonably be expected to cause confusion or misunderstanding on the part of an owner or operator presenting a vehicle regarding the relationship between the statutorily mandated inspection fee and a fee for any other service or product offered by the vehicle inspection station.
      7. (G) Failing to list and charge for any additional services separately from the statutorily mandated inspection fee.
      8. (H) Charging a fee, convenience fee or service charge in affiliation or connection with the inspection, in a manner that is false, misleading, deceptive or unauthorized.
      9. (I) Inspector performing inspection while under the influence of alcohol or drugs.
      10. (J) Gross negligence resulting in the failure to safeguard certificates or department issued forms from theft or loss.
      11. (K) Inspecting a vehicle at a location other than the department approved inspection area.
      12. (L) Altering a previously issued inspection certificate, including changing the expiration numeral insert or issuing an inspection certificate removed from another vehicle.
      13. (M) Issuing an inspection certificate, while employed as a fleet or government inspection station inspector, to an unauthorized vehicle. Unauthorized vehicles include those not owned, leased or under service contract to that entity, or personal vehicles of officers and employees of the fleet or government inspection station or the general public.
      14. (N) Preparing or submitting to the department a false, incorrect, incomplete or misleading form or report, or failing to enter required data into the emissions testing analyzer or electronic station interface device and transmitting that data as required by the department.
      15. (O) Issuing an inspection certificate without inspecting multiple inspection items on the vehicle.
      16. (P) Issuing an inspection certificate by using the emissions analyzer access/identification card, the electronic station interface device unique identifier, or the associated PIN of another.
      17. (Q) Giving, sharing, lending or displaying an emissions analyzer access/identification card, the electronic station interface device unique identifier, or divulging the associated PIN to another.
      18. (R) Failure of inspector to enter all required data pertaining to the inspection, including, but not limited to data entry into the emissions testing analyzer, electronic station interface device, inspection certificate or any other department required form.
      19. (S) Conducting multiple inspections outside the inspection area approved by the department for each vehicle type.
      20. (T) Issuing an inspection certificate to a vehicle that is prohibited from receiving a certificate under Texas Transportation Code, §548.104(d).
      21. (U) Vehicle inspection station owner, operator or manager directing a state certified inspector under his employ or supervision to issue a certificate when in violation of this chapter, department regulations, or the Act.
      22. (V) Vehicle inspection station owner, operator, or manager having knowledge of a state certified inspector under the owner's employ or supervision issuing a certificate when in violation of this chapter, department regulations, or the Act.

   3. (3) Category C.

      1. (A) Issuing more than one inspection certificate without inspecting the vehicles.
      2. (B) Issuing inspection certificates to multiple vehicles with multiple failing items of inspection.
      3. (C) Multiple instances of issuing inspection certificates to vehicles with multiple defects.
      4. (D) Emissions testing the exhaust or electronic connector of one vehicle for the purpose of enabling another vehicle to pass the emissions test (clean piping or clean scanning).
      5. (E) Issuing a certificate to a vehicle with multiple emissions related violations or violations on more than one vehicle.
      6. (F) Allowing a person whose certificate has been suspended or revoked to participate in a vehicle inspection, issue an inspection certificate or to participate in the operation of the vehicle inspection station.
      7. (G) Charging more than the statutory fee in addition to not inspecting the vehicle.
      8. (H) Misrepresenting a material fact in any application to the department or any other information filed pursuant to the Act or this chapter.
      9. (I) Conducting or participating in the inspection of a vehicle during a period of suspension, revocation, denial, after expiration of suspension but before reinstatement, or after expiration of inspector certification.
      10. (J) Altering or damaging an item of inspection with the intent that the item fail the inspection.

   4. (4) Category D. These violations are grounds for indefinite suspension based on the temporary failure to possess or maintain an item or condition necessary for certification. The suspension of inspection activities is lifted upon receipt by the department of proof the obstacle has been removed or remedied.

      1. (A) Failing to possess a valid driver license.
      2. (B) Failing to possess a required item of inspection equipment.

   5. (5) Category E. These violations apply to inspectors and vehicle inspection stations in which emissions testing is required.

      1. (A) Failing to perform applicable emissions test as required.
      2. (B) Issuing an emissions inspection certificate without performing the emissions test on the vehicle as required.
      3. (C) Failing to perform the gas cap test, or the use of unauthorized bypass for gas cap test.
      4. (D) Issuing an emissions inspection certificate when the required emissions adjustments, corrections or repairs have not been made after an inspection disclosed the necessity for such adjustments, corrections or repairs.
      5. (E) Falsely representing to an owner or operator of a vehicle that an emissions related component must be repaired, adjusted or replaced in order to pass emissions inspection.
      6. (F) Requiring an emissions repair or adjustment not required by this chapter, department regulation, or the Act.
      7. (G) Tampering with the emissions system or an emission related component in order to cause vehicle to fail emissions test.
      8. (H) Refusing to allow the owner to have emissions repairs or adjustments made at a location of the owner's choice.
      9. (I) Allowing an uncertified person to conduct an emissions inspection.
      10. (J) Charging more than the authorized emissions inspection fee.
      11. (K) Entering false information into an emission analyzer in order to issue an inspection certificate.
      12. (L) Issuing a safety only inspection certificate to a vehicle required to undergo a safety and emissions inspection without requiring a signed and legible affidavit, approved by the department, from the owner or operator of the vehicle, in a non emissions county.

4. (d) When assessing administrative penalties, the procedures detailed in this subsection will be observed:

   1. (1) Multiple vehicle inspection station violations may result in action being taken against all station licenses held by the owner.
   2. (2) The department may require multiple suspension periods be served consecutively.

   3. (3) Enhanced penalties assessed will be based on previously adjudicated violations in the same category. Any violation of the same category committed after final adjudication of the prior violation will be treated as a subsequent violation for purposes of penalty enhancement.

      1. (A) Category A violations are subject to a two year period of limitations preceding the date of the current violation.
      2. (B) Under Category B, C, and E, subsequent violations are based on the number of previous violations in the same category within the five year period preceding the date of the current violation.
5. (e) Certification for a vehicle inspection station may not be issued if the person's immediate family member's certification as a vehicle inspection station owner at that same location is currently suspended or revoked, or is subject to a pending administrative adverse action, unless the person submits an affidavit stating the certificate holder who is the subject of the suspension, revocation or pending action, has no, nor will have any, further involvement in the business of state inspections.
6. (f) A new certification for a vehicle inspection station may be issued at the same location where the previous certificate holder as an owner or operator is pending or currently serving a suspension or revocation, if the person submits an affidavit stating the certificate holder who is the subject of the suspension or revocation, has no, nor will have any, further involvement in the business of state inspections. The affidavit must contain the statement that the affiant understands and agrees that in the event the department discovers the previous certificate holder is involved in the inspection business at that location, the certificate will be revoked under Texas Transportation Code, §548.405. In addition to the affidavit, when the change of ownership of the vehicle inspection station is by lease of the building or the inspection area, the person seeking certification must provide a copy of the lease agreement included with the application for appointment as an official vehicle inspection station.

7. (g) Reinstatement. After expiration of a period of suspension, reinstatement must be requested by submitting a written application to the department. In addition, the conditions detailed in paragraphs (1) - (4) of this subsection must be met:

   1. (1) all qualifications for appointment;
   2. (2) passing the complete written and demonstration test when required;
   3. (3) submitting the certification fee if certification has expired during suspension; and
   4. (4) paying all charges assessed related to the administrative hearing process, if applicable.

Source Note:The provisions of this §23.62 adopted to be effective March 13, 2013, 38 TexReg 1701.