SECTION 62.70. Standards of Conduct for Engaging in Code Enforcement

(a) A registrant shall:

(1) be knowledgeable of and adhere to the Act, the rules, applicable codes, and all procedures established by the department for registrants; and

(2) be honest and trustworthy in the performance of all duties and work performed as a registrant, and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. Acts or practices that constitute threats, coercion, or extortion are prohibited.

(b) A registrant shall not:

(1) participate, whether alone or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act, the rules, or the standards adopted by the commission;

(2) furnish inaccurate, deceitful, or misleading information to the department;

(3) engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a registrant;

(4) consume alcohol or take a controlled substance not prescribed by a physician, while performing as a registrant;

(5) verbally, physically, or sexually abuse, or attempt to abuse an individual while performing as a registrant;

(6) accept, or offer to accept, any form of compensation for not reporting a hazard as required, or for correcting a hazard which was found while performing as a registrant;

(7) fail to report a crime when the report is required by law;

(8) claim to be a code enforcement officer or code enforcement officer in training, or use the titles "code enforcement officer" or "code enforcement officer in training," while the registrant's registration is expired;

(9) use the registration number or certificate of another person, or allow another person to use his or her registration number or certificate;

(10) alter a registration certificate in a manner that is deceptive or misleading;

(11) be grossly negligent, incompetent, or engage in misconduct in the practice of code enforcement; or

(12) misuse a bite stick while performing as a registrant.

(c) A registrant shall notify consumers of the name, mailing address, internet address, and telephone number of the department for the purpose of directing complaints to the department by providing notification:

(1) on each written contract for services of a registrant;

(2) on a sign prominently displayed in the primary place of business of each registrant; or

(3) in a bill for services provided by a registrant to a third party.

(d) A registrant shall not possess or carry a bite stick in a place prohibited by Texas Penal Code Section 46.03(a) unless the registrant has completed either:

(1) a training course that meets the requirements of §62.23 of this chapter and includes instruction on the principles and procedures to be followed when possessing or carrying a bite stick;

(2) an approved continuing education course on the principles and procedures to be followed when possessing or carrying a bite stick; or

(3) the Animal Control Officer basic training course provided by the Texas Department of State Health Services.

Source Note: The provisions of this §62.70 adopted to be effective November 1, 2017, 42 TexReg 4615; amended to be effective August 1, 2020, 45 TexReg 5164