25 Tex. Admin. Code § 1.552 - Posting Final Enforcement Actions

(a) Purpose. In order to facilitate public access to public information, each final enforcement action shall be published on the department Internet website in accordance with this subchapter.

(b) Posting.

(1) All final enforcement actions shall be posted within 10 working days of the date the action is final on the web page of the appropriate program, in the format provided by department policy.

(2) Assurances of voluntary compliance or orders signed by a court arising from referrals by the department regulatory programs shall be posted within 10 working days of the date of the order on the web page of the appropriate program, in the format provided by department policy.

(3) Final enforcement actions and court orders shall continue to be posted for a minimum of one year or until the end of any probationary term or period of deferment, whichever is longer.

(4) Final enforcement actions and court orders must be updated at least quarterly with the most current information.

(c) Website Information.

(1) Posting of final enforcement actions and court orders must be on an easily located web page within each program's website. A link to the enforcement web pages must be made from the main department website.

(2) Posting on the program's website shall be in addition to any other law that may require public dissemination of final enforcement actions.

(3) Each program's enforcement web page shall, at a minimum, contain the toll-free number of the program and the name and telephone number of the person to contact in the program for more information.

(4) Information shall be published in clear language that can be readily understood by a person with a high school education.

(d) Effect of other laws.

(1) Public Information Act. This subchapter is not intended to restrict or enlarge the scope of public information as defined by the Government Code, Public Information Act, Chapter 552.

(2) Records retention. This subchapter is not intended to affect the length of time records must be preserved under the Government Code, § 441.094 (relating to Records Schedule and Implementation Plan).

(3) Effect of federal law. Unless federal law is preemptive and specifically conflicts with this subchapter, this subchapter prevails.

(e) Corrections.

(1) The affected program may correct information that is incorrect at the time it is posted.

(2) The program shall update the information posted if the regulated entity has changed names, but is not a new entity, after the final enforcement action, but prior to the end of the posting period.

(3) A judicial order on an appeal of a final enforcement action which sets aside or modifies a final enforcement action shall cause the posting to be removed from the website or modified to conform to the judicial order.

Notes

25 Tex. Admin. Code § 1.552

The provisions of this §1.552 adopted to be effective February 6, 2003, 28 TexReg 951