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

1. (1) The inspector shall issue a notice of minor violations identifying the findings resulting from the compliance inspection.
2. (2) The department then has 30 calendar days from the date the notice of minor violations is received to provide the Commission with a written schedule of actions which will be carried out to correct the minor 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 provide a plan for obtaining compliance within the required time frame, a hearing may be scheduled. If determined by the hearing process that violations occurred and were not corrected, 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 §445.9 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.