SECTION 139.31. Enforcement Actions for Violations of the Acts or Board Rules

(a) Under the authority and provisions of the Engineering Act and the Land Surveying Act, the board shall take action against a person or entity, upon determination that censure is warranted, for a violation of the Acts and/or board rules. An action may be composed of one or more of the following:

(1) revocation of a license or registration;

(2) suspension of a license or registration;

(3) probation of a suspended license or registration;

(4) refusal to renew a license or registration;

(5) issuance of a formal or informal reprimand;

(6) cease and desist order;

(7) voluntary compliance agreement;

(8) emergency suspension; or

(9) assessment of an administrative penalty.

(b) All actions issued by the board will take the form of a Board Order and shall be permanently recorded and made available upon request as public information. Except for an informal reprimand, all enforcement actions shall be published in the board newsletter and on the board website, may be issued in a press release, and shall be transmitted to the National Council of Examiners for Engineering and Surveying.

(c) The respondent shall be afforded an opportunity to present rebuttals, arguments, and evidence prior to the initiation of disciplinary proceedings. If a respondent does not respond, the board may proceed with a contested case hearing at the State Office of Administrative Hearings.

Source Note: The provisions of this §139.31 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 10, 2006, 31 TexReg 9833; amended to be effective December 21, 2008, 33 TexReg 10181; amended to be effective December 17, 2013, 38 TexReg 9047; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206