(a) The department will conduct an audit of the rail transit agency at least once every three years. The audit will evaluate whether the rail transit agency has implemented a public transportation agency safety plan that meets the requirements of, 49 C.F.R. Part 674.27, the department's State Safety Oversight Program Standard, and the National Public Transportation Safety Plan, and whether the rail transit agency complies with the plan.
(b) The department will provide an audit checklist based on the required elements of the public transportation agency safety plan.
(c) The department will verify the required elements by;
  (1) interviews;
  (2) document review;
  (3) field observations;
  (4) testing;
  (5) measurements;
  (6) spot checks; and
  (7) demonstrations provided by the rail transit agency staff.
(d) To determine compliance with the public transportation agency safety plan, the department will sample accident reports, internal review reports, and the agency's hazard management program.
(e) The audit may be conducted as a single on-site assessment or in an ongoing manner over a three-year cycle.
(f) In planning the audit the department will:
  (1) develop the audit schedule in coordination with the rail transit agency;
  (2) designate the audit team and an audit team lead;
  (3) prepare an audit plan that includes all elements identified in the rail transit agency's public transportation agency safety plan;
  (4) prepare audit checklists and templates;
  (5) identify methods of verification for each checklist item; and
  (6) request and review the rail transit agency's safety documents.
(g) In conducting the audit, the department will:
  (1) conduct an entrance meeting with the rail transit agency's administration;
  (2) conduct interviews with appropriate rail transit staff;
  (3) observe on-site operations;
  (4) evaluate documents and data maintained on-site;
  (5) take measurements and conduct spot checks;
  (6) review all checklist items for compliance; and
  (7) inform the rail transit agency of initial findings and observations.
(h) The rail transit agency shall cooperate with the department during the audit review and provide access to all documents, records, equipment, and property necessary to complete the audit.
(i) The department will issue a draft report to the rail transit agency within 60 days after the date of the completion of the audit.
(j) The rail transit agency may submit written comments on the draft audit report. The department will include in the final audit report any comments received within 30 days after the date that the draft report was issued.
(k) The department will prepare a final audit report and deliver a copy to the rail transit agency.
(l) Within 30 days after the date of its receipt of the final audit report, the rail transit agency shall provide to the department all corrective action plans necessary to address the findings in the report.
(m) The department will notify the rail transit agency when all findings have been addressed and the audit is closed.

Source Note: The provisions of this §7.88 adopted to be effective February 19, 2020, 45 TexReg 1041; amended to be effective May 15, 2024, 49 TexReg 3372