If during the course of a departmental inspection the inspector determines the department has committed major violations involving protective clothing, self-contained breathing apparatus, personal alert safety systems or breathing air, the following procedures shall apply:     
       (1) The inspector shall issue a notice of alleged violations identifying the violations and the corrective measures to be taken by the department to correct the listed violations.      
       (2) The department has 30 calendar days from the date of receipt of the formal notice of noncompliance to correct the violations, and to provide the commission with proof of compliance or submit written notice of appeal.      
       (3) If the department fails to come into compliance in the required time frame an administrative penalty of up to $500 per day may be assessed from the first day of formal notice of violation for each violation. If it is determined that the department was assessed administrative penalties for the same or similar violations within the previous five years, the administrative penalty of up to $1,000 per violation may be assessed.      
       (4) The department then has 30 calendar days from formal notice of administrative penalties assessed to pay the administrative penalty or submit written notice of appeal.      
       (5) Upon receipt of a written appeal concerning administrative action or penalty a hearing will be scheduled. Chapter 154 of the Texas Civil Practice and Remedies Code shall be used as a procedural guide.      
     Source Note:        The provisions of this §445.11 adopted to be effective February 24, 2021, 46 TexReg 1251