Section 844.50 - Preliminary Determination Order, Determination on Remedial Action, and Penalty and Cost Order(a) After an investigation, the Agency will mail a preliminary determination order to each party stating whether the Agency determined the employer took an adverse action against the complainant for a refusal to be vaccinated against COVID-19 in violation of Texas Health and Safety Code, Chapter 81D.(b) If the Agency determines that a violation exists, but no remedial action has occurred prior to the preliminary determination order being issued, the preliminary determination will notify the parties that: (1) a violation has occurred;(2) an administrative penalty will be imposed;(3) the employer may remediate the violation;(4) the amount of reasonable investigative costs, if any, the Agency will seek to recover from the employer; and(5) each party has the right to file an appeal.(c) If the Agency determines that a violation exists, and the employer has taken remedial action prior to the preliminary determination order being issued, the preliminary determination will notify the parties: (1) that a violation has occurred; (2) whether the remediation was sufficient to remove the administrative penalty;(3) whether an administrative penalty will be imposed;(4) of the amount of reasonable investigative costs, if any, the Agency will seek to recover from the employer; and(5) that each party has the right to file an appeal.(d) If an employer submits proof of remedial action after the preliminary determination order is issued, the Agency will issue to each party a separate determination on remedial action with separate appeal rights. An employer has 30 days to submit proof of remedial action from the mailing date of the preliminary determination order. If the employer does not submit proof of remediation within 30 days, and/or does not appeal, the Agency will not consider any proof of remediation. An employer's timely submission of proof of remedial action will be considered an employer appeal of the preliminary determination order and the appeal will be abated until the appeal period for the determination resolving the sufficiency of the remedial action has expired.(e) If the employer files a timely appeal to the preliminary determination order, the employer may remediate at any time up until the hearing officer issues his or her decision, after which the employer must comply with the requirements of §844.85(e) of this chapter.(f) After a preliminary determination order, a determination on remedial action, or decision becomes final, the Agency will issue a penalty and cost order to the employer detailing the final amount owed to the Agency by the employer with instructions for submitting payment. (g) Determinations shall be mailed to each party at the best address available as required by § 815.3 of this title, or at the location each party usually receives mail.(h) A penalty and cost order shall be mailed to the employer at the best address available as required by § 815.3 of this title, or at a location the employer usually receives mail.(i) An administrative penalty under this chapter is not an award of damages to the complainant and no funds will be issued to the complainant by the Agency.40 Tex. Admin. Code § 844.50
Adopted by Texas Register, Volume 49, Number 52, December 27, 2024, TexReg 10668, eff. 12/30/2024