SECTION 309.104. Compliance Inspections

(a) Inspection Program.

(1) The executive secretary shall develop a comprehensive program to periodically inspect racetrack facilities for compliance with the Rules.

(2) The inspection program shall identify the various items that must be inspected at each racetrack facility, the persons responsible for conducting the inspections, and the procedure for conducting inspections.

(b) Violations.

(1) If an inspection reveals a racetrack facility is not in compliance with a rule, the executive secretary shall issue a notice of violation to the association operating the racetrack facility. The notice of violation must specify the specific rule violated and include an order to remedy the violation and state a deadline for the remediation.

(2) An association's failure to remedy a condition that violates a rule on or before the deadline established by the executive secretary is grounds for disciplinary action against the association.

(c) Reports to Commission.

(1) The executive secretary shall make periodic reports to the Commission in open meeting regarding inspections of racetrack facilities. The reports must include information on the number and type of inspections conducted, the results of the inspections, any remediation ordered by the executive secretary, and the results of any orders issued by the executive secretary.

(2) If after reviewing a report by the executive secretary the Commission determines the executive secretary has misinterpreted or misapplied a rule, the Commission shall require the executive secretary to modify any order issued by the executive secretary that is based on the misinterpretation of the rule.

Source Note: The provisions of this §309.104 adopted to be effective October 21, 1999, 24 TexReg 8967