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 formal notice of noncompliance identifying the findings of fact.
2. (2) The department then has 14 calendar days from the date the formal notice of noncompliance is received to correct the violations and provide the commission with proof of compliance or to provide the commission with a written schedule of actions which will be carried out to achieve compliance. 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 proof of compliance or a written schedule of actions within the 14 calendar days, an administrative penalty of up to $300 may be recommended by the commission staff. If the department has been compelled to submit proof of compliance or a schedule of actions for the same or similar violations within the previous five years, the administrative penalty shall be up to $600.
4. (4) In the event the department fails to achieve compliance in accordance with the agreed-upon schedule of actions, an administrative penalty of up to $600 may be recommended by the commission staff unless the commission staff determines that sufficient reason exists for extending the time allowed for compliance.
5. (5) In all cases where an administrative penalty is recommended by the commission staff, the department may be granted 14 calendar days to pay the administrative penalty and come into compliance or submit a written notice of appeal.

6. (6) If the department fails to pay the administrative penalty and come into compliance within the required time frame, a hearing may 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 §445.9 adopted to be effective November 1, 1998, 23 TexReg 10905.