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.