The executive commissioner must adopt a general enforcement policy, and the commission must create and publish a methodology for disciplinary decisions.
Sec. 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. Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 81, eff. September 1, 2015. Added by Acts 2015, 84th Leg., R.S., Ch. 1057 (H.B. 2070), Sec. 3, eff. September 1, 2015. Amended by: Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 6, eff. September 1, 2019.