CHAPTER 12A. GENERAL LICENSING PROVISIONS
AGRICULTURE CODE
TITLE 2. DEPARTMENT OF AGRICULTURE
CHAPTER 12A. GENERAL LICENSING PROVISIONS
SUBCHAPTER A. POWERS AND DUTIES OF DEPARTMENT RELATED TO
LICENSING
Sec. 12A.001. APPLICABILITY OF PROVISIONS. The general
licensing, regulatory, and enforcement provisions of Chapter 12
and this chapter apply to licensing and regulatory programs
administered by the department under any law.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
Sec. 12A.002. CEASE AND DESIST ORDER. (a) If it appears to the
commissioner that a person who is not licensed by the department
is violating a statute or rule that requires the person to hold a
license issued by the department or a statute or rule relating to
an activity regulated by the department, the commissioner after
notice and opportunity for a hearing may issue a cease and desist
order prohibiting the person from engaging in the activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
Sec. 12A.003. RISK-BASED INSPECTIONS. For each person licensed
or regulated by the department that the department may inspect:
(1) the department may conduct additional inspections based on a
schedule of risk-based inspections using the following criteria:
(A) the type and nature of the person;
(B) whether there has been a prior violation by the person;
(C) the inspection history of the person;
(D) any history of complaints involving the person; and
(E) any other risk-based factor identified by the department;
and
(2) the department may waive any inspection requirement under
law if an emergency arises or to accommodate complaint
investigation or risk-based inspection schedules.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
SUBCHAPTER B. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 12A.051. INFORMATION REGARDING COMPLAINTS AND ENFORCEMENT
PROCESS. (a) The department shall:
(1) inform applicants, license holders, and the public on the
department's Internet website, in department brochures, and on
any other available information resource about the department's
enforcement process, including each step in the complaint
investigation and resolution process, from initial filing through
final appeal, and the opportunity to request an informal
settlement conference; and
(2) inform license holders that a license holder may obtain
information about a complaint made against the license holder and
may obtain on request a copy of the complaint file.
(b) Except as provided by Subsection (d), the department shall
provide to a license holder against whom a complaint has been
filed:
(1) the allegations made against the license holder in the
complaint; and
(2) on the license holder's request, any information obtained by
the department in its investigation of the complaint.
(c) The department shall provide the information required under
Subsection (b) in a timely manner to allow the license holder
time to respond to the complaint.
(d) The department is not required to provide the following
information to a license holder:
(1) the name of a confidential informant whose testimony will
not be used in any hearing as evidence against the license
holder;
(2) attorney-client communications;
(3) attorney work product; or
(4) any other information that is confidential or not subject to
disclosure under law, rule of evidence, or rule of civil
procedure.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
Sec. 12A.052. COMPLAINT AND VIOLATION ANALYSIS. The department
shall analyze complaints filed with and violations discovered by
the department to identify any trends or issues related to
certain violations, including:
(1) the reason for each complaint or violation;
(2) how each complaint or violation was resolved; and
(3) the subject matter of each complaint or violation that was
not within the jurisdiction of the department and how the
department responded to the complaint or violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
SUBCHAPTER C. ISSUANCE AND RENEWAL OF LICENSES
Sec. 12A.101. REPLACEMENT LICENSE; FEE. The department shall
issue to a license holder whose license has been lost or
destroyed or whose name has been changed a replacement license if
the license holder submits to the department:
(1) an appropriate application; and
(2) a fee in an amount established by department rule.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
SUBCHAPTER D. EXAMINATIONS
Sec. 12A.151. EXAMINATION PROCEDURES. For each licensing
examination administered by the department, the department shall:
(1) adopt policies and guidelines detailing the procedures for
the testing process, including test admission and internal test
administration procedures; and
(2) post on the department's Internet website the policies that
reference the testing procedures.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
Sec. 12A.152. EVALUATION OF EXAMINATION QUESTIONS. For each
licensing examination administered by the department, the
department shall periodically evaluate the effectiveness of
examination questions in objectively assessing an applicant's
knowledge.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.
SUBCHAPTER E. PENALTIES AND ENFORCEMENT PROCEDURES
Sec. 12A.201. INFORMAL PROCEEDINGS. (a) The department by rule
shall adopt procedures governing:
(1) informal disposition of a contested case under Section
2001.056, Government Code; and
(2) an informal proceeding held in compliance with Section
2001.054, Government Code.
(b) The department shall offer the opportunity to conduct an
informal settlement conference by telephone.
(c) The department shall:
(1) provide a license holder sufficient opportunity to indicate
whether the terms of a proposed order are acceptable to the
license holder;
(2) indicate in the notice of violation that the license holder
has the opportunity described by Subdivision (1); and
(3) allow a license holder who does not agree with a proposed
order to request an informal settlement conference.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 6.03, eff. September 1, 2009.