1. (a) Findings of only minor violations. If during the course of a departmental inspection the inspector determines the department has committed only minor violations, the following procedure applies.

   1. (1) The inspector shall issue an inspectors report which will identify the findings from the compliance inspection. The inspector's report is a written summary of an inspector's findings that is given to an inspected entity after an inspection. In cases of minor violations, the inspector's report may identify deficiencies and prescribe corrective action within specific timeframes.
   2. (2) The department then has 30 calendar days from the date the inspector's report is received to provide the commission with a written schedule of actions that will be taken to correct the violations. The schedule of actions will allow necessary amounts of time for such things as obtaining items through city requisitions and bid processes, when necessary. Lack of funds is not an acceptable reason for delay.

   3. (3) If the department fails to timely provide an acceptable written schedule of actions for obtaining compliance, the inspector or compliance officer may issue a notice of alleged violation. The notice of alleged violation is a written document that briefly summarizes the alleged violation(s), and requires the person to correct the violation(s). The notice may also prescribe a specific time period to rectify the matter and achieve compliance, and assess an administrative penalty. If an administrative penalty is assessed, the notice shall state the amount of the penalty. The notice shall also inform the person of the person's right to an informal staff conference and that if the person fails to timely correct the alleged violation or fails to request a preliminary staff conference before the 61st day after receipt of the notice, the commission may issue a default order. In addition, the notice of alleged violation may:

      1. (A) allow extra time to come into compliance;
      2. (B) assess administrative penalties which may be prorated;
      3. (C) suspend or revoke licenses or certificates; and
      4. (D) require proof of compliance.

2. (b) Findings of major violations. If during the course of a departmental inspection the inspector determines the department has committed a major violation, the following procedure applies.

   1. (1) The inspector or compliance officer shall issue a notice of alleged violation. The notice shall identify the violations and require the department or provider to correct the violation. In addition, the notice of alleged violation may:

      1. (A) specify a time period to achieve compliance;
      2. (B) assess administrative penalties;
      3. (C) suspend or revoke licenses or certificates; and
      4. (D) require proof of compliance.
   2. (2) In addition to any of the above, the commission may also temporarily suspend a person's or regulated entity's certificate on a determination by a panel of the commission that continued activity by the person or entity would present an immediate threat to the public, regulated personnel, or fire service trainees; and seek an injunction in a district court in Travis County along with civil penalties, court costs, and attorney's fees. See Tex. Gov't Code §419.906(a), (d).
3. (c) If a fire department or training provider fails to correct the alleged violation in a timely manner or fails to request a preliminary staff conference (information settlement conference) before the 61st day after the date it receives a notice of alleged violation, the commission through its executive director may issue a default order.

4. (d) When determining administrative penalties for a notice of alleged violation or default order the following factors shall be considered:

   1. (1) compliance history;
   2. (2) seriousness of the violation;
   3. (3) the safety threat to the public or fire personnel;
   4. (4) any mitigating factors; and
   5. (5) any other factors the commission considers appropriate.
5. (e) If the fire department or training provider timely requests a preliminary staff conference (informal settlement conference), the procedures in Chapter 401, Subchapter E apply, and if the preliminary staff conference does not result in approval of a consent order the matter shall be referred for a contested case hearing.

Source Note:The provisions of this §445.9 adopted to be effective November 1, 1998, 23 TexReg 10905; amended to be effective July 29, 2002, 27 TexReg 6727; amended to be effective November 18, 2009, 34 TexReg 8041; amended to be effective February 26, 2015, 40 TexReg 829.