(a) The Texas Legislature does not appropriate funds to finance the operations of the board. Instead, the board is funded by licensing fees and other sources and is responsible for all direct and indirect costs of operations. It is the policy of the board to impose all direct administrative costs against the persons responsible for the costs of enforcement as opposed to being assessed against the licensing fees collected from license holders in compliance with the Act in the absence of a waiver of these costs for good cause.
(b) Direct administrative costs are defined in §519.2(10) of this chapter (relating to Definitions) and the board will use this definition in determining the direct administrative costs of an enforcement action. The direct administrative costs will not exceed the actual costs of the criteria established in §519.2(10) of this chapter.
(c) The board staff is responsible for proving the amount and method of assessing the direct administrative costs being presented in a proceeding before an ALJ at SOAH and when presented to the board for the board's final decision. The costs will be documented by the staff recording the time they devote to each enforcement action.
Source Note: The provisions of this §519.13 adopted to be effective October 10, 2019, 44 TexReg 5785