(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 place your operation on probation 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) Your operation:
    (A) Is eligible to participate in a voluntary plan of action, but you refuse to do so; or
    (B) Does not qualify for a voluntary plan of action, including not meeting all of the requirements in §745.8633 of this division (relating to When may Licensing recommend a voluntary plan of action?);
  (2) Your operation has not demonstrated the ability to make the necessary changes to reduce risk, but expresses a willingness to comply and make corrections;
  (3) Your operation can reduce risk by complying with the conditions identified in the corrective action plan in addition to minimum standards; and
  (4) A more restrictive enforcement action is not necessary to reduce risk.
(b) If you are responsible for multiple operations, we may consider your compliance history at any of those operations when we use the factors listed in subsection (a) of this section to determine your eligibility for probation.
(c) If we determine that are you not eligible for probation, we will consider imposing an adverse action.

Source Note: The provisions of this §745.8637 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