Section 189.8 - Procedures Concerning Non-Compliance(a) A finding that a probationer is in non-compliance with the terms and conditions of the probationer's order or remedial plan may be made by the board's representatives at the conclusion of a probation appearance or by the executive director.(b) A finding of non-compliance shall be considered unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public and is a violation of the Act.(c) Non-compliance includes, but is not limited to:(1) Failure to comply with a term or condition in an order or remedial plan;(2) Failure to cooperate with agency representatives;(3) Failure to promptly respond to communications by agency representatives;(4) Failure to comply with deadlines set forth in an order or remedial plan or as established by agency representatives for the purpose of enforcement of an order or remedial plan;(5) Failure to timely submit documents required as a term or condition of an order or remedial plan;(6) Failure to release documents as requested by agency representatives;(7) Failure and/or refusal to meet with and discuss compliance matters with agency representatives during any compliance visit;(8) Interference by probationer or agents of probationer that compromises and/or prevents agency representatives from fulfilling duties and responsibilities as set by an order, remedial plan, rule, or statute during a compliance visit; and(9) Any expression by word or deed, either directly or indirectly, to agency representatives that a reasonable person would find as harassing, insulting, disrespectful, or rude.(d) Upon a finding of non-compliance, due process will be extended to a probationer in accordance with the Act and the probationer shall be invited to attend a probationer show compliance proceeding as set forth in § 187.44 of this title (relating to Probationer Show Compliance Proceedings).(e) In lieu of a probationary show compliance proceeding and in order to resolve violations of an order or remedial plan, a probationer may waive his or her rights to a hearing as provided under the Act, § 187.44 of this title, and the APA, and accept a settlement agreement proposed by the compliance manager with the approval of the executive director.22 Tex. Admin. Code § 189.8
The provisions of this §189.8 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective May 2, 2010, 35 TexReg 3280; amended to be effective September 30, 2012, 37 TexReg 7486