Tex.
Human Resources Code Section 42.0704
Enforcement Policy
(a)
The executive commissioner by rule shall adopt a general enforcement policy that describes the commission’s approach to enforcement of this chapter.(b)
The enforcement policy must:(1)
summarize the commission’s general expectations in enforcing this chapter;(2)
include the methodology required by Subsection (c); and(3)
describe the commission’s plan for strengthening its enforcement efforts and for making objective regulatory decisions.(c)
As part of the enforcement policy, the commission shall develop and implement a methodology for determining the appropriate disciplinary action to take against a person who violates this chapter or a commission rule. The methodology must:(1)
provide guidance on when to use each of the available tools of enforcement, including technical assistance, voluntary plans of action, probation, suspension or revocation of a license or registration, denial of a license or registration, administrative penalties, and emergency suspension; and(2)
allow the commission to consider the circumstances of a particular case, including:(A)
the nature and seriousness of the violation, including whether the violation involved the abuse or neglect of a child or resulted in the death or near fatal injury of a child;(B)
any history of previous violations, including a repetition or pattern of violations; and(C)
any aggravating and mitigating factors.(d)
The commission shall make the methodology described by Subsection (c) available to the public, including by posting the methodology on the commission’s Internet website.
Source:
Section 42.0704 — Enforcement Policy, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.42.htm#42.0704
(accessed Jun. 5, 2024).