SECTION 205.63. Compliance Inspections

(a) The department shall monitor and enforce compliance with the Act and any rule or order adopted by the commissioner or department to administer the Act.

(b) Compliance inspections or investigations may be conducted by a department representative during normal operating hours to determine if a person is in violation of the Act or a rule or order adopted by the commissioner or department to administer the Act.

(c) A department representative, upon presenting the department identification card, shall have the right to enter all retail facilities during normal operating hours to inspect and investigate for compliance with these sections, including to review records, to question any person, or to locate or identify abusable volatile chemicals held for retail sale.

(d) A department representative is not required to notify in advance or seek permission to conduct inspections or investigations. It is a violation of this chapter for a person to interfere with, deny, or delay an inspection or investigation conducted by a department representative.

Source Note: The provisions of this §205.63 adopted to be effective August 19, 2002, 27 TexReg 7532; amended to be effective January 1, 2005, 29 TexReg 11979