(a) Based on our assessment of the criteria provided in §745.8607 of this subchapter (relating to How will Licensing decide which type of enforcement action to recommend or impose?), we may recommend a voluntary plan of action for your operation for an issue identified in §745.8605 of this subchapter (relating to When can Licensing recommend or impose an enforcement action against my operation?) if we determine that:
  (1) You:
    (A) Demonstrate the ability to identify risk;
    (B) Accept responsibility for correcting deficiencies; and
    (C) Have the ability to make corrections;
  (2) If applicable, your operation has a history of making corrections to maintain compliance;
  (3) Your operation can reduce risk by following the plan in addition to complying with minimum standards; and
  (4) Your operation has not participated in a voluntary plan of action during the previous 12 months for similar issues.
(b) If you are responsible for multiple operations, we may consider your compliance history at any of those multiple operations when we use the factors listed in subsection (a) of this section to determine your eligibility to participate in a voluntary plan of action.
(c) We will impose a more restrictive enforcement action instead of recommending a voluntary plan of action when appropriate under the criteria for that enforcement action.

Source Note: The provisions of this §745.8633 adopted to be effective September 1, 2016, 41 TexReg 6234; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437