37 Tex. Admin. Code § 23.62 - Violations and Penalty Schedule
(a) In
accordance with this section, the department may deny an application for a
certificate, revoke or suspend the certificate of a person, vehicle inspection
station, or inspector, place on probation, or reprimand a person who holds a
certificate.
(b) The department
will administer penalties by the category of the violation. The violations
listed in this section are not an exclusive list of violations. The department
may assess penalties for any violations of Texas Transportation Code, Chapter
548, or rules adopted by the department. The attached graphic summarizes the
violation categories and illustrates the method by which penalties are enhanced
for multiple violations.
(c) Violation categories
are as follows:
(1) Category A.
(A) Issuing a vehicle inspection report
without inspecting an item of inspection.
(B) Issuing a vehicle inspection report
without requiring the owner or operator to furnish proof of financial
responsibility for the vehicle at the time of inspection.
(C) Issuing the wrong series or type of
inspection report for the vehicle presented for inspection.
(D) Refusing to inspect a vehicle without an
objective justifiable cause related to safety.
(E) Failure to properly safeguard inspection
reports, department issued forms, the electronic station interface device, or
any assigned access processes including, but not limited to, passwords,
protocols, or personal identification numbers (PINs).
(F) Failure to maintain required
records.
(G) Failure to have at
least one certified inspector on duty during the hours posted for
inspections.
(H) Failure to display
the official department issued vehicle inspection station sign, certificate of
appointment, procedure chart, and other notices in a manner prescribed by the
department.
(I) Failure to post
hours for inspections.
(J) Failure
to maintain the required facility standards.
(K) Issuing a passing vehicle inspection
report to a vehicle with one failing item of inspection.
(L) Failing to enter information or entering
incorrect vehicle information into the electronic station interface device or
emissions analyzer resulting in the reporting of erroneous information
concerning the vehicle.
(M) Failure
to conduct an inspection within the inspection area approved by the department
for each vehicle type.
(N) Failure
of inspector of record to ensure complete and proper inspection.
(O) Failure to enter an inspection into the
approved interface device at the time of the inspection.
(P) Conducting an inspection without the
appropriate and operational testing equipment.
(Q) Failure to perform a complete inspection
or issue a vehicle inspection report.
(R) Requiring repair or adjustment not
required by Texas Transportation Code, Chapter 548, this chapter, or department
regulation.
(S) Driving an
inspection customer's vehicle outside of the inspection bay without a valid
driver license to operate the vehicle in Texas.
(2) Category B.
(A) Issuing a passing vehicle inspection
report without inspecting the vehicle.
(B) Issuing a vehicle inspection report to a
vehicle with multiple failing items of inspection.
(C) Refusing to allow owner to have repairs
or adjustments made at location of owner's choice.
(D) Allowing an uncertified person to
perform, in whole or in part, the inspection or rejection of a required item
during the inspection of a vehicle.
(E) Charging more than the statutory
fee.
(F) Acting in a manner that
could reasonably be expected to cause confusion or misunderstanding on the part
of an owner or operator presenting a vehicle regarding the relationship between
the statutorily mandated inspection fee and a fee for any other service or
product offered by the vehicle inspection station.
(G) Failing to list and charge for any
additional services separately from the statutorily mandated inspection
fee.
(H) Charging a fee,
convenience fee, or service charge in affiliation or connection with the
inspection in a manner that is false, misleading, deceptive, or
unauthorized.
(I) Inspector
performing inspection while under the influence of alcohol or drugs.
(J) Inspecting a vehicle at a location other
than the department approved inspection area.
(K) Altering a previously issued inspection
report.
(L) Issuing a vehicle
inspection report while employed as a fleet or government inspection station
inspector to an unauthorized vehicle. Unauthorized vehicles include those not
owned, leased, or under service contract to that entity, personal vehicles of
officers and employees of the fleet or government inspection station, or
personal vehicles of the general public.
(M) Preparing or submitting to the department
a false, incorrect, incomplete, or misleading form or report, or failing to
enter required data into the emissions testing analyzer or electronic station
interface device and transmitting that data as required by the
department.
(N) Issuing a vehicle
inspection report without inspecting multiple inspection items on the
vehicle.
(O) Issuing a passing
vehicle inspection report by using the emissions analyzer access/identification
card, the electronic station interface device unique identifier, or the
associated PIN of another.
(P)
Giving, sharing, lending, or displaying to another any assigned access process
including, but not limited to, passwords, protocols, electronic station
interface device unique identifiers, or PINs.
(Q) Failure of inspector to enter all
required data pertaining to the inspection including, but not limited, to data
entry into the emissions testing analyzer, electronic station interface device,
vehicle inspection report, or any other department required form.
(R) Conducting multiple inspections outside
the inspection area approved by the department for each vehicle type.
(S) Issuing a passing vehicle inspection
report in violation of Texas Transportation Code, Chapter 548.
(T) Vehicle inspection station owner,
operator, or manager directing a state certified inspector under his employ or
supervision to issue a vehicle inspection report when in violation of this
chapter, department regulations, or Texas Transportation Code, Chapter
548.
(U) Vehicle inspection station
owner, operator, or manager having knowledge of a state certified inspector
under the owner's employ or supervision issuing a passing vehicle inspection
report in violation of this chapter, department regulations, or Texas
Transportation Code, Chapter 548.
(V) Issuing a commercial safety inspection
report to a vehicle required to undergo an emissions inspection without
requiring a representation under §
23.51(b) of this
title (relating to Vehicle Emissions Inspection Requirements) from the owner or
operator of the vehicle in a non-emissions county.
(W) Disclosing or selling information
collected in relation to a vehicle inspection about a unique customer or a
unique vehicle owner or about the person who is the subject of the information,
including a customer or vehicle owner's name, address, or phone number, to a
person other than the department.
(3) Category C.
(A) Issuing more than one vehicle inspection
report without inspecting the vehicles.
(B) Issuing a passing vehicle inspection
report to multiple vehicles with multiple failing items of
inspection.
(C) Multiple instances
of issuing a passing vehicle inspection report to vehicles with multiple
defects.
(D) Emissions testing the
exhaust or electronic connector of one vehicle, or using an electronic device
to simulate or emulate a vehicle, for the purpose of enabling another vehicle
to pass the emissions test (clean piping or clean scanning), or allowing a
certified inspector or other individual under the person's employment or
supervision to emissions test the exhaust or electronic connector of one
vehicle, or use an electronic device that simulates or emulates a vehicle, for
the purpose of enabling another vehicle to pass the emissions test (clean
piping or clean scanning).
(E)
Issuing a passing vehicle inspection report to a vehicle with multiple
emissions related violations or violations on more than one vehicle.
(F) Allowing a person whose certificate has
been suspended or revoked to participate in a vehicle inspection, issue a
vehicle inspection report, or participate in the regulated operations of the
vehicle inspection station.
(G)
Charging more than the statutory fee in addition to not inspecting the
vehicle.
(H) Misrepresenting a
material fact in any application to the department or any other information
filed pursuant to Texas Transportation Code, Chapter 548 or this
chapter.
(I) Conducting or
participating in the inspection of a vehicle during a period of suspension,
revocation, denial, after expiration of suspension but before reinstatement, or
after expiration of inspector certification.
(J) Altering or damaging an item of
inspection with the intent that the item fail the inspection.
(K) Multiple instances of preparing or
submitting to the department false, incorrect, incomplete, or misleading forms
or reports.
(L) Multiple instances
of failing to enter complete and accurate data into the emissions testing
analyzer or electronic station interface device or failing to transmit complete
and accurate data in the manner required by the department.
(M) Violating a prohibition described in
§
23.57 of this title (relating to
Prohibitions) not otherwise provided in this section.
(N) Failing to maintain compliance with the
requirements of §
23.55 of this title (relating to
Certified Emissions Inspection Station and Inspector Requirements) at all
times.
(4) Category D.
These violations are grounds for indefinite suspension based on the temporary
failure to possess or maintain an item or condition necessary for
certification. The suspension of inspection activities is lifted upon receipt
by the department of proof the obstacle has been removed or remedied.
(A) Failing to pay an administrative penalty
that has become final.
(B) Failing
to possess a required item of inspection equipment.
(5) Category E. These violations apply to
inspectors and vehicle inspection stations in which emissions testing is
required.
(A) Failing to perform applicable
emissions test as required.
(B)
Issuing a passing emissions inspection report without performing the emissions
test on the vehicle as required.
(C) Failing to perform the gas cap test or
the use of unauthorized bypass for gas cap test.
(D) Issuing a passing emissions inspection
report when the required emissions adjustments, corrections, or repairs have
not been made after an inspection disclosed the necessity for such adjustments,
corrections, or repairs.
(E)
Falsely representing to an owner or operator of a vehicle that an emissions
related component must be repaired, adjusted, or replaced in order to pass
emissions inspection.
(F) Requiring
an emissions repair or adjustment not required by this chapter, department
regulation, or Texas Transportation Code, Chapter 548.
(G) Tampering with the emissions system or an
emissions related component in order to cause a vehicle to fail an emissions
test.
(H) Refusing to allow the
owner to have emissions repairs or adjustments made at a location of the
owner's choice.
(I) Allowing an
uncertified person to conduct an emissions inspection.
(J) Charging more than the authorized
emissions inspection fee.
(K)
Entering false information into an emission analyzer in order to issue an
inspection report.
(d) When assessing administrative penalties,
the procedures detailed in this subsection will be observed:
(1) Multiple vehicle inspection station
violations may result in action being taken against all station licenses held
by the owner.
(2) The department
may require multiple suspension periods be served consecutively.
(3) Enhanced penalties assessed will be based
on previously adjudicated violations in the same category. Any violation of the
same category committed after final adjudication of the prior violation will be
treated as a subsequent violation for purposes of penalty enhancement.
(A) Category A violations are subject to a
two year period of limitations preceding the date of the current
violation.
(B) Under Category B, C,
and E, subsequent violations are based on the number of previously adjudicated
or otherwise finalized violations in the same category within the five year
period preceding the date of the current violation.
(4) The penalty schedule is a guide only and
does not limit the department's authority to impose additional penalties,
sanctions, or both, should the department determine the scheduled penalty
insufficient under the specific circumstances presented. Such circumstances may
include a significant number of similar violations in a brief period, a pattern
of conduct established by repeated as yet unadjudicated violations, or a
violation determined to constitute a threat to public health, safety, or
welfare under Texas Transportation Code, §
548.407.
(e) Certification for a vehicle inspection
station may not be issued if the person's immediate family member's
certification as a vehicle inspection station owner at that same location is
currently suspended or revoked or is subject to a pending administrative
adverse action, unless the person submits an affidavit stating the certificate
holder who is the subject of the suspension, revocation, or pending action has
no further involvement in the business of state inspections. The application
will be rejected as incomplete if the applicant fails to submit the required
affidavit.
(f) A new certification
for a vehicle inspection station may be issued at the same location where the
previous certificate holder as an owner or operator is pending or currently
serving a suspension or revocation, if the person submits an affidavit stating
the certificate holder who is the subject of the suspension or revocation has
no further involvement in the business of state inspections. The affidavit must
contain the statement that the affiant understands and agrees that in the event
the department discovers the previous certificate holder is involved in the
inspection business at that location, the certificate will be revoked under
Texas Transportation Code, §
548.405. In
addition to the affidavit, when the change of ownership of the vehicle
inspection station is by lease of the building or the inspection area, the
person seeking certification must provide a copy of the lease agreement
included with the application for certification as an official vehicle
inspection station. The application will be rejected as incomplete if the
applicant fails to submit the required affidavit.
(g) Reinstatement. Expiration of the
suspension period does not result in automatic reinstatement of the
certificate. Reinstatement must be requested by contacting the department, and
this may be initiated prior to expiration of the suspension. In addition, to
meet all qualifications for the certificate, the certificate holder must:
(1) attend and complete the vehicle
inspection training program and pass the complete written and demonstration
test;
(2) submit the certification
fee if certification has expired during suspension; and
(3) pay all charges assessed related to the
administrative hearing process, if applicable.
(h) The failure to pay an administrative
penalty that has become final, whether by the passage of the deadline to appeal
or by final court disposition, whichever is later, will result in suspension of
the license with no further notice or right to appeal. The suspension will take
effect upon the passage of the deadline to appeal and will remain in effect
until the penalty is paid in full.
(i) The director or the director's designee
may immediately suspend or revoke a certificate as an inspector or inspection
station if the director or the director's designee finds that the action is
necessary to prevent or remedy a threat to public health, safety, or welfare as
described in Texas Transportation Code, §
548.407(d)(1-10).
Specifically, this section's emissions-related inspection violations are
adopted pursuant to Texas Transportation Code, §
548.302, and
therefore constitute a threat to public health, safety, or welfare under
§548.407(d)(8).
(j) For
purposes of establishing a violation relating to the entry of false information
or the failure to enter accurate information into the electronic database, the
entry of an inspector's identifying PIN creates a rebuttable presumption that
the inspector whose PIN was used committed the violation. The allegation may be
rebutted by the submission of credible evidence establishing by a preponderance
of evidence that another person used the inspector's PIN to commit the
violation. The submission of such evidence will constitute an admission of
having failed to secure the PIN and, if applicable, allowing an uncertified
individual to conduct an inspection.
Notes
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