Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 6,989
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inspection. Any complaint inspection will be conducted after giving
the Operator notice of the inspection and an opportunity to be present.
(b) A licensee, through its Operator, shall be provided a copy
of any complaint and given a reasonable opportunity to respond. Gen-
erally, this shall be 10 business days.
(c) If any complaint involves matters that could pose an im-
minent threat to health or safety, all time frames shall be accelerated,
and such complaint shall be addressed as expeditiously as possible.
(d) The Department may conduct interviews, including inter-
views of operators and occupants, and review such records as it deems
necessary to investigate a complaint.
(e) The Department shall review the findings of any inspection
and its review and, if it finds a violation of the Act or these rules to
have occurred, issue a notice of violation.
(f) A notice of violation and order will be sent to the Licensee
to the attention of the Operator.
(g) The notice of violation will set forth:
(1) The complaint or other matter made the subject of the
notice;
(2) The findings of fact;
(3) The specific provisions of the Act and or these rules
found to have been violated;
(4) The required corrective action;
(5) Any administrative penalty or other sanction to be as-
sessed; and
(6) The timeframe for the Licensee either to agree to the
recommended corrective action, and accept the administrative penal-
ties and/or sanctions or appeal or to appeal the matter.
(h) The order will set forth:
(1) The complaint or other matter made the subject of the
order;
(2) The findings of fact;
(3) The specific provisions of the Act and or these rules
found to have been violated;
(4) The required corrective action;
(5) Any administrative penalty or other sanction assessed;
and
(6) The date on which the order becomes effective if not
appealed or otherwise resolved.
90.6. Administrative Penalties and Sanctions.
(a) When the Director finds that the requirements of the Act
or these rules are not being met, he or she may assess administrative
penalties or impose other sanctions as set forth below. Nothing herein
limits the right, as set forth in the Act, to seek injunctive relief.
(b) For each violation of the Act or rules a penalty of up to
$200 may be assessed.
(c) For violations that present an imminent threat to health or
safety, if not promptly addressed, the Director may suspend or revoke
the affected license.
90.7. Dispute Resolution, Appeals, and Hearings.
(a) A licensee is entitled to appeal any order issued by the
Director, including any order as a result of an inspection or a complaintand any order denying a license or issuing a license subject to specified
conditions.
(b) In lieu of or during the pendency of any appeal, a licensee
may request to meet with the Director or, at his or her option, his or her
designee to resolve disputes. Any such meeting may be by telephone
or in person. Meetings in person shall be in the county where the
migrant labor housing facility affected is located unless the licensee
agrees otherwise.
(c) A licensee may request alternative dispute resolution in
accordance with the Department's rules regarding such resolution set
forth at 1.17 of this title.
(d) All appeals are contested cases subject to and to be handled
in accordance with Chapter 2001, Texas Government Code.
90.8. Forms.
Appendix A--Application for a License to Operate a Migrant Labor
Housing Facility form
Figure: 10 TAC 90.8
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 17,
2005.
TRD-200504648
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 475-4595
TITLE 22. EXAMINING BOARDS
PART 34. TEXAS STATE BOARD OF
SOCIAL WORKER EXAMINERS
CHAPTER 781. SOCIAL WORKER
LICENSURE
The Texas State Board of Social Worker Examiners (board) pro-
poses amendments to 781.102, 781.203, 781.209, 781.210,
781.217, 781.301, 781.302, 781.305, 781.306, 781.310,
781.311, 781.503, 781.508, 781.509, 781.514, 781.602,
781.607, 781.608, 781.701, 781.803, the repeal of 781.702
- 781.707, and new 781.318, 781.702 - 781.704, concerning
the licensure and regulation of social workers.
BACKGROUND AND PURPOSE
The proposed amendments, repeals, and new sections are nec-
essary to comply with Senate Bill 415, 79th Texas Legislature,
2005 (Sunset legislation), which amended the board's enabling
statute as part of the review of the board by the Sunset Ad-
visory Commission. The bill modified requirements relating to
the board's licensing and enforcement authority and applied cer-
tain across-the-board standards and requirements for regulatory
boards. The rule proposal implements the requirements of the
bill.
Additionally, the Texas Legislature passed the General Appropri-
ations Act, House Bill 1, 79th Regular Session (2005). Article 2PROPOSED RULES October 28, 2005 30 TexReg 6989
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/16/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.