SECTION 5.151. General

(a) This subchapter is promulgated pursuant to the Interior Designers' Registration Law (the Act), Chapters 1051 and 1053, Texas Occupations Code, which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of Interior Design and the enforcement of the Act. Except as otherwise noted, this subchapter applies only to situations which are directly or indirectly related to the practice of Interior Design.

(b) The Board may revoke, suspend, or refuse to renew a Registered Interior Designer's certificate of registration, place on probation a Registered Interior Designer whose certificate of registration has been suspended, reprimand a Registered Interior Designer, or assess an administrative penalty against a Registered Interior Designer for a violation of any provision of this subchapter or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to §5.160 of this title (relating to Effect of Enforcement Proceedings on Application). A single instance of misconduct may be grounds for disciplinary action by the Board.

(c) Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:

(1) the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;

(2) the economic damage or potential damage to property caused by the misconduct;

(3) the respondent's history concerning previous grounds for sanction;

(4) the sanction necessary to deter future misconduct;

(5) efforts to correct the misconduct; and

(6) any other matter justice may require.

(d) This subchapter is not intended to suggest or define standards of care in civil actions against Registered Interior Designers involving their professional conduct.

(e) A Registered Interior Designer may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all Interior Design services rendered regardless of whether the Registered Interior Designer is paid for the services.

Source Note: The provisions of this §5.151 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective July 5, 2004, 29 TexReg 6290; amended to be effective March 20, 2009, 34 TexReg 1852; amended to be effective June 13, 2010, 35 TexReg 4707