Texas Register, Volume 2, Number 98, Pages 4857-4958, December 20, 1977 Page: 4,914
4857-4958 p. ; 28 cm.View a full description of this periodical.
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4914
building owner or the authorized representative of the
time limitation by written notice which will also include
an itemized listing of all deficiencies. An extension of
the designated period may be granted by the board if
satisfactory evidence is presented to the board showing
that the time specified is inadequate to perform the
necessary corrections.
(b) The building owner or his designated repre-
sentative shall be instructed to notify the board when
modifications have been completed.
(c) All modifications are subject to verification as
prescribed in Rule .581, prior to certifications or ap-
provals by the board.
.584. Enforcement Powers.
(a) The board is authorized to institute and
prosecute proceedings in district court to compel com-
pliance with the law as provided in Paragraph (b), Sec-
tion 20 of the act.
(1) No action by the board to initiate legal pro-
ceedings shall be taken until:
(A) the board has complied with Paragraph
(a) of Rule .583;
(B) the appropriate official of the board has
determined that compliance had not been accomplished
upon expiration o)f the allotted period per Paragraph
(a), Rule .583, and that the building owner, authority.
or unit involved has not shown evidence of performing
the prescribed corrections;
(C) the authority, building owner, or other
appropriate persons have been given final notification
by the board requesting compliance within 90 days
from the date on which the notice was received. The
final notice shall be issued by registered or certified
mail, return receipt requested, and shall advise the par-
ty or parties involved of the failure to comply, the action
proposed to be taken, the specific provisions under
which the proposed action is to be taken, and the basis
for the action; and
(D) the expiration of at least 9(0 days from
receipt by the building owner of the final notice. The
board shall have the authority to extend the 90-day
period when circumstances justify such extension. Re-
quest for extension of time may be made by the building
owner, authorized representative, or appropriate par-
ties; however, such requests must be received by the
board prior to the expiration of the 90-day period and
must contain satisfactory evidence of good faith in com-
plying.
(2) Legal proceedings are initiated by the State
Board of Control by notifying the Office of the Texas
Attorney General of the specific violations o)f the provi-
sions of the act and presenting evidence to that depart-
ment that all procedures previously taken to effect
compliance have not resulted in compliance.
(3) The board will maintain all documents,
materials, and other evidence on file for use in supportof any legal action taken and shall be open to examina-
tion by all parties involved.
(b) The board is authorized to enforce the provi-
sions of the law pertaining to lease facilities covered
under Paragraph (c), Section 2 of the act, as set out
within this rule or under the appropriate provisions of
Vernon's Texas Civil Statutes, Article 666b.
.585. Complaints and In'esttgations.
(a) Any person or persons who suspect that any
building or facility should be, but is not, in compliance
with provisions of the act may submit a complaint to
the board with the request that an investigation of non-
compliance be made. Complaints must be in written
form and must contain information sufficient to initiate
investigative l)rocedures. The information should in-
clude. but is not limited to.
(1) The name of the building owner or
authority
(2) The name and address of the building or
facilities in question.
(3) The name of the person or persons who
might be res)po)nsible for the operation of the building or
facilities, if other than the building owner.
i4) Available historical data relative to the age
of the building or facilities, suspected additions or
renovations, proposed or current construction work,
and funding of previous construction projects.
(5) An itemized list of suspected violations of
the act.
(6) The name and address of the person or per-
sons issuing the complaint.
(b The board will make a prompt investigation
when a compliance complaint contains sufficient infor.
mation to indicate a probable failure on the part of a
building owner to comply with the provisions of the act.
The investigative procedures of the board may include
on-site inspections, solicitation of information from the
building owner or authority, or from whatever other
sources deemed appropriat e by the board.
(Ic) All administrative and enforcement pro-
cedures contained within these rules and regulations
shall be followed d(luring the investigation process and
any subsequent action that may be taken.
(d) The hoard shall make a report to the per-
son(s) who filed the complaint within a reasonable time
after its investigation of the building or facility. This
report shall contain a summary of the board's findings.
If the complaint is determined to be justified, the report
shall also contain a statement of the board's plan of ac-
tion for enforcing compliance.w
Doc No 776960
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Texas. Secretary of State. Texas Register, Volume 2, Number 98, Pages 4857-4958, December 20, 1977, periodical, December 20, 1977; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253069/m1/58/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.