SECTION 285.12. Review of Locally Administered Programs

(a) Not more than once a year, the executive director shall review an authorized agent's program for compliance with requirements established by Texas Health and Safety Code, Chapter 366; this chapter; and the order, ordinance, or resolution adopted by the authorized agent.

(1) During the review the executive director shall:

(A) evaluate the authorized agent's:

(i) administrative processes;

(ii) planning material review processes;

(iii) permitting processes;

(iv) inspection processes; and

(v) complaint resolution processes;

(B) conduct an interview with the authorized agent's representative, to present the results of the executive director's review.

(2) After the executive director completes the review, the executive director shall:

(A) prepare a written report of the executive director's findings; and

(B) forward a copy of the report to the authorized agent by certified mail within 60 days after completing the review.

(b) If as a result of the executive director's review the executive director determines that the authorized agent's program is deficient, the authorized agent must respond in writing to the executive director within 45 days after the date of the executive director's report with a plan to address all deficiencies noted during the review. The executive director shall offer assistance to the authorized agent including providing training to the authorized agent's designated representative. Additionally, if the authorized agent's program is:

(1) deficient because it does not consistently provide required documentation of the permitting, inspection, and compliance investigation processes the executive director shall review the authorized agent's response and determine if the response is adequate. If the response is adequate, the executive director shall not take further action. If the authorized agent's response is not adequate, or the authorized agent fails to respond, the executive director shall continue to work with the authorized agent until the deficiencies are resolved by making contact with the authorized agent through additional letters or by telephone;

(2) deficient because it does not consistently enforce the permitting, planning, construction, operation, and maintenance of on-site sewage facility systems, the executive director shall review the authorized agent's response and determine if adequate measures will be taken to correct the deficiencies. If the response is adequate, the executive director will schedule another review of the authorized agent's program one year after the first review to verify that the deficiencies have been corrected. If the authorized agent's response is not adequate, the authorized agent fails to respond, or the executive director's next annual review determines that the authorized agent's program has the same deficiencies as noted during the previous review, the executive director will begin the process of revoking the authorized agent's delegated authority under §285.13 of this title (relating to Revocation of Authorized Agent Delegation); or

(3) endangering human health or safety, the executive director will begin the process of revoking the authorized agent's delegated authority under §285.13 of this title.

Source Note: The provisions of this §285.12 adopted to be effective June 13, 2001, 26 TexReg 4115; amended to be effective August 29, 2002, 27 TexReg 7917