(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 (the Act), 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.
Attached Graphic
(c) Violation categories are as follows:
  (1) Category A.
    (A) Issuing a vehicle inspection report without inspecting one or more items 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, emissions analyzer access/identification card, and/or any personal identification number (PIN).
    (F) Failure to maintain required records.
    (G) Failure to have at least one certified inspector on duty during the posted hours of operations for the vehicle inspection station.
    (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 of operation.
    (J) Failure to maintain the required facility standards.
    (K) Issuing a 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 and/or issue a vehicle inspection report.
    (R) Requiring repair or adjustment not required by the Act, this chapter, or department regulation.
  (2) Category B.
    (A) Issuing a passing vehicle inspection report without inspecting the vehicle.
    (B) Issuing a passing 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, or personal vehicles of officers and employees of the fleet or government inspection station or 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 passing 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 an emissions analyzer access/identification card, the electronic station interface device unique identifier, or divulging the associated PIN to another.
    (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, §548.104(d).
    (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 the Act.
    (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 the Act.
    (V) Issuing a safety only inspection report to a vehicle required to undergo a safety and emissions inspection without requiring a signed and legible affidavit, approved by the department, 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, to a person other than the department or the person who is the subject of the information, including a customer or vehicle owner's name, address, or phone number.
  (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 the Act or this chapter.
Cont'd...