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Section 9: Clandestine Activity

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General Information

Clandestine activity is defined as any attempt by the warehouse to intentionally mislead, misrepresent, or deceive TxDOT or its agents.

Examples of clandestine activity are, but not limited to:

  • placing failing material in passing material containers
  • placing failing material within bundles containing passing material (“Seeding”)
  • stacking passing material over failing material with no accessibility to the failing material
  • tampering with labels on approved materials.
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Handling Violations

In the event a warehouse is found to be involved in clandestine activity, the matter is handled as follows:

  • If the Responsible Branch discovers the activity, the Responsible Branch brings it to the immediate attention of the warehouse management.
  • If the Designated Sampler discovers the activity, the Designated Sampler documents the nature of the violation in a memorandum to the Responsible Branch within one (1) working day.
    • The Responsible Branch evaluates the situation and takes immediate corrective action.
    • The Responsible Branch contacts the Designated Sampler and warehouse management with its decision.
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