SECTION 3.177. Administrative Penalty Schedule

If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty:

(1) In determining whether a minor, moderate, or major penalty is imposed under paragraph (2) of this rule, the following classifications shall apply:

Attached Graphic

(2) After determining whether the violation is minor, moderate, or major, the Board shall impose an administrative penalty as follows:

(A) Minor violations-an administrative penalty of not more than $1,000 shall be imposed.

(B) Moderate violations-an administrative penalty or not more than $3,000 shall be imposed.

(C) Major violations-an administrative penalty of not more than $5,000 shall be imposed.

(3) In determining the specific amount of an administrative penalty within the minor, moderate, or major range, the Board shall consider the factors outlined in Board Rules 3.141(c) and/or 3.165(f).

(4) If a violation of the Board's laws or rules is not specifically defined in paragraph (1) as a minor, moderate, or major violation, the Board shall consider the factors outlined in Board Rules 3.141(c) and/or 3.165(f) in determining an appropriate administrative penalty.

(5) Previous Disciplinary History - If the respondent was previously found to have violated the Board's laws or rules in a warning or Order of the Board, then any subsequent disciplinary action may be considered at the next higher level of severity.

(6) Multiple Violations

(A) The administrative penalty ranges discussed in paragraph (2) are to be applied to each individual violation of the Board's laws and rules. If a respondent has violated multiple laws and/or rules, or has committed multiple violations of a single law or rule, the Respondent shall be subject to a separate administrative penalty for each violation.

(B) Each sheet of plans and specifications created or issued in violation of the Board's laws and rules shall be considered a separate violation for purposes of calculating the total administrative penalty under paragraph (6)(A).

(C) In the case of a continuing violation, each day a violation continues or occurs shall be considered a separate violation for purposes of calculating the total administrative penalty under paragraph (6)(A).

(7) The administrative penalties set out in this section may be considered in addition to any other disciplinary actions, such as revocation, suspension, or refusal to renew a registration.

(8) If the facts of a case are unique or unusual, the Board may suspend the guidelines described in this section.

(9) A Landscape Architect, Candidate, or Applicant who fails, without good cause, to provide information to the Board under the provision of §3.171 of this subchapter (relating to Responding to Request for Information) is presumed to be interfering with and preventing the Board from fulfilling its responsibilities. A violation of §3.171 of this subchapter shall be considered a minor violation if a complete response is not received within 30 days after receipt of the Board's written inquiry. An additional 15 day delay constitutes a moderate violation, and each 15 day delay thereafter shall be considered a separate major violation of these rules.

Source Note: The provisions of this §3.177 adopted to be effective July 5, 2004, 29 TexReg 6286; amended to be effective October 18, 2009, 34 TexReg 7076; amended to be effective March 3, 2013, 38 TexReg 1183; amended to be effective September 14, 2016, 41 TexReg 7101