Current through Reg. 49, No. 38; September 20, 2024
(a) License revocation.
(1) If the department finds that a violation
of the Act or of a rule has occurred or is occurring at a youth camp for which
a license has been issued, the department shall give written notice to the
licensee setting forth the nature of the violation and demanding that the
violation cease.
(2) The department
may initiate proceedings to revoke the license if the licensee fails to comply
with the notice of violation in the time and manner directed in the
notice.
(b) Assessment of
an administrative penalty. The Commissioner may assess an administrative
penalty if a person violates the Act, a rule of the department, or an order of
the commissioner issued under the Act or rules.
(c) Determination of the penalty amount. In
determining the amount of the penalty, the commissioner shall consider:
(1) previous compliance history;
(2) the seriousness of the
violation;
(3) any hazard to public
health and safety;
(4) the person's
demonstrated good faith; and
(5)
any other matters as justice may require.
(d) Administrative penalty limits. The
administrative penalty may not exceed $1,000 a day for each violation. Each day
a violation continues may be considered a separate violation.
(e) Opportunity for a hearing. Prior to
revoking a license or assessing an administrative penalty, the department shall
give the person charged an opportunity for a hearing. The hearing shall be
conducted in accordance with the Act, the Administrative Procedures Act, Texas
Government Code, Chapter 2001, and the formal hearing procedures of the
department at 25 Texas Administrative Code §
1.21et
seq.
(f) Violation
severity levels. Violations shall be categorized into severity levels I, II,
and III. Administrative penalties may be imposed for:
(1) Critical violations. Severity level I
violations have or could have a direct or immediate negative effect on the
health, safety, and welfare of campers or the operation and management of a
youth camp. These violations are assessed at $750 - $1,000 per violation per
day. Examples of severity level I violations include, but are not limited to:
(A) operating a youth camp without a current
license;
(B) failing to report an
incident of camper abuse or neglect of a camper as required;
(C) providing drinking water from an
unapproved source;
(D) policies or
procedures not being followed in a way that has a direct negative impact on
camper health or safety;
(E)
unqualified or insufficient number of personnel staffing operations or
activities;
(F) criminal conviction
and sex offender records not on file;
(G) sexual abuse training and exam records
not on file; and
(H) interfering
with, denying, or delaying an inspection or investigation conducted by a
department representative.
(2) Serious violations. Severity level II
violations are those that could threaten the health, safety, and welfare of
campers or the operation and management of a youth camp. These violations are
assessed at $500 - $750 per violation per day. Examples of severity level II
violations include, but are not limited to:
(A) written personnel practices and policies
regarding camp and staff are not available as required;
(B) staff members not informed regarding
personnel and camp practice policies;
(C) proper sanitation of all food utensils
not achieved;
(D) policies or
procedures not being followed in a way that could threaten the health, safety,
and welfare of campers or the operation and management of a youth
camp;
(E) swimming areas not
maintained in clean condition; or
(F) disaster and/or fire evacuation
procedures are not posted properly.
(3) Significant violations. Severity level
III violations are those of concern that if left uncorrected could lead to more
serious circumstances. These violations are assessed at $250 - $500 per
violation per day. Examples of severity level III violations include, but are
not limited to:
(A) toilets and bathing
facilities not adequately lighted and ventilated;
(B) docking and waterskiing permitted in the
swimming area;
(C) vehicles used to
transport staff or campers not equipped with a first aid kit;
(D) policies or procedures not being followed
in a way that if left uncorrected could lead to more serious circumstances;
and
(E) unauthorized nudity
allowed.
