SECTION 219.101. Investigations and Inspections of Records

(a) Inspections.

(1) A person shall give an inspector access to the person's premises to conduct inspections or investigations of an alleged violation of this chapter or Transportation Code, Chapters 621, 622, or 623. The person shall provide adequate workspace with reasonable working conditions and shall allow the inspector to copy and verify records.

(2) The inspector will conduct inspections and investigations during normal business hours unless mutual arrangements have been made otherwise.

(3) The inspector will present to the person the inspector's credentials and a written statement from the department indicating the inspector's authority to conduct the investigation.

(b) Access.

(1) Except as provided by paragraph (2) of this subsection, a person shall provide access to requested records at:

(A) the person's principal place of business; or

(B) a location in this state agreed to by the department and the person.

(2) If the person's principal place of business is located outside of this state, the person may choose to make the records available at an out-of-state location agreed to by the department and the person but only if the person agrees to reimburse the department for necessary travel expenses and for a per diem as set by legislative appropriation for each day that an inspection or investigation related to the records or information is conducted.

(3) If the requested records are maintained at the person's principal place of business in this state, the person shall make those records available to the inspector immediately after the department requests the records. If the records are maintained at a regional office or driver work-reporting location or if the person's principal place of business is located outside of this state, the person shall make the records available at the person's principal place of business or the agreed location at a time agreed to by the department and the person within 48 hours after the time that the department makes the request. Saturdays, Sundays, and federal and state holidays are excluded from the computation of the 48-hour period.

(c) If a time or location cannot be agreed upon under subsection (b) of this section, the department shall designate the time and location by certified mail, email, or facsimile, using an address or facsimile number provided by the person or verified by the department.

Source Note: The provisions of this §219.101 adopted to be effective June 1, 2008, 33 TexReg 3776; amended to be effective July 15, 2010, 35 TexReg 6095; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359; amended to be effective March 6, 2019, 44 TexReg 1162