If during the course of a departmental inspection the inspector determines the department has committed major violations, the following procedures shall apply.

1. (1) The inspector shall issue a formal notice of noncompliance identifying the findings of fact.
2. (2) An administrative penalty of up to $500 may be recommended by the commission staff. If it is determined by the commission that the department has been subjected to an administrative penalty for the same or similar violations within the previous five years, the administrative penalty may be up to $1,000.
3. (3) The department then has 14 calendar days from the date of the receipt of the formal notice of noncompliance to pay the administrative penalty, correct the violations, and to provide the commission with proof of compliance or submit written notice of appeal.

4. (4) If the department fails to pay the administrative penalty and come into compliance within the total 14 calendar day time frame, a hearing shall be scheduled. If determined by the hearing process that violations occurred, the department may be:

   1. (A) allowed extra time to come into compliance;
   2. (B) assessed appropriate penalties which may be probated and may include suspension of certificates, administrative penalties, hearing costs, and attorneys fees;
   3. (C) required to furnish proof of compliance.

Source Note:The provisions of this §445.11 adopted to be effective November 1, 1998, 23 TexReg 10905.