SECTION 139.47. Probation

As part of a disciplinary action for violating the Acts and board rules including, but not limited to, negligence, incompetence, or endangerment to the public, the board may prescribe conditions of probation for each probated suspension on a case-by-case basis depending on the severity of the violation that will include reporting requirements, restrictions on practice, and/or continuing education requirements as applicable as described in this section.

(1) The board will determine the reporting requirements for each probated suspension and will include a list of board probation requirements and schedule for completion of those requirements in which the board may require the license or registration holder to submit documentation including, but not limited to, client lists, job assignments, designs, proof of continuing education participation, restricted practice reports, and other documents concerning the practice of engineering or land surveying to demonstrate compliance with the conditions of probation. As a condition of probation, the license or registration holder shall accept that schedule deadlines are final and no extensions or revision shall be granted, unless approved by the board.

(2) The board will receive and date stamp documentation on the day received and track compliance with probation requirements for each probated suspension. The board shall honor postmarks for date of submittal; however, if not received by the required deadline, the license holder shall have the burden of proof to demonstrate documentation was submitted by the schedule deadline.

(3) As a condition of probation, the board may restrict the area of practice of the license or registration holder. The board may require the license or registration holder to practice under the supervision and mentorship of another professional engineer when performing engineering or another professional land surveyor when performing land surveying in the restricted areas of practice.

(4) As a condition of probation, the board may require the license or registration holder to obtain additional continuing education in addition to the minimum requirements of §137.17 of this title (relating to Investigating a Complaint) and may prescribe formal classroom study, workshops, seminars, and other specific forms of continuing education.

(5) Failure to comply with probation requirements shall result in lifting of probation and suspending of the license or registration for the remainder of the suspension period.

Source Note: The provisions of this §139.47 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206