SECTION 60.23. Commission and Executive Director--Imposing Sanctions and Penalties

(a) The commission or executive director may sanction a license holder, applicant, or other person, if the person:

(1) obtains or attempts to obtain a license by fraud or false representation;

(2) falsifies any document submitted to the department or commission;

(3) refuses to permit or fails to cooperate in an inspection or investigation; interferes with an inspection or investigation conducted by an authorized representative of the commission or department; or threatens or intimidates an authorized representative of the commission or department in connection with an inspection or investigation;

(4) permits the use or display of a license by a person not authorized by law to use that license;

(5) has a conviction, a deferred adjudication, or other criminal history that affects license eligibility as prescribed under Subchapter D; or

(6) violates Texas Occupations Code, Chapter 51, a law establishing a regulatory program administered by the department, or a rule or order of the commission or the executive director.

(b) The commission or executive director may:

(1) issue a written reprimand;

(2) revoke, suspend, or deny the person's license;

(3) place on probation a person whose license has been suspended or revoked;

(4) issue a restricted license to the person in accordance with Texas Occupations Code, Chapter 51, Subchapter G;

(5) refuse to renew the person's license;

(6) impose administrative penalties against the person after considering the factors set forth in Texas Occupations Code §51.302(b); or

(7) take any combination of actions under paragraphs (1) - (6).

(c) If the suspension or revocation of a license is probated, the commission or executive director may require the person to:

(1) report regularly to the department on matters that are the basis of the probation;

(2) limit practice to the areas prescribed by the commission or executive director;

(3) complete professional education until the person attains a degree of skill satisfactory to the commission or executive director in those areas that are the basis for the probation; or

(4) complete any other remedial actions agreed to by the parties.

(d) If a person has outstanding administrative penalties, the department may place a hold on the person's license and the person may not renew the license until the administrative penalties are paid.

Source Note: The provisions of this §60.23 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 1, 2020, 45 TexReg 533; amended to be effective January 1, 2023, 47 TexReg 8627