TITLE 22. EXAMINING BOARDS

PART 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS

CHAPTER 367. ENFORCEMENT

22 TAC §367.10

The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 TAC §367.10. The amendments are adopted without changes to the proposed text as published in the July 28, 2017, issue of the Texas Register (42 TexReg 3733) and will not be republished.

The amendments to §367.10 modify the Board's procedures for imposing an administrative penalty and are adopted to implement SB 2065 (85th Regular Legislative Session). New subsections (c) and (d) are added to allow the Enforcement Committee to present to the Board a motion for default order along with a proposed Default Order containing findings of fact and conclusions of law when a Respondent fails to respond to the Notice of Alleged Violation. All subsequent subsections are re-lettered accordingly. The amendments also allow the Board to grant the relief recommended in the proposed Default Order, or such other relief as may be justified by the evidence presented by the Enforcement Committee. The existing provision that requires the Enforcement Committee to set a formal hearing at the State Office of Administrative Hearings if, within twenty days of receipt, a respondent fails to respond to the Notice of Alleged Violation is deleted.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under section 1301.251 of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce the chapter and SB 2065, which grants the Board the authority to adopt a Default Final Order when a respondent fails to respond to the Notice of Alleged Violation and accept the recommended administrative penalty or request a hearing on the alleged violation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 10, 2017.

TRD-201704078

Lisa Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: October 30, 2017

Proposal publication date: July 28, 2017

For further information, please call: (512) 936-5202