SECTION 5.183. Violation by One Not a Registered Interior Designer

(a) A Nonregistrant who violates Texas Occupations Code Chapter 1053 or this chapter is subject to any or all of the following:

(1) judicial proceedings for injunctive relief;

(2) issuance of a cease and desist order from the Board; or

(3) denial of registration as a Registered Interior Designer, if applicable.

(b) In taking action against a Nonregistrant, the Board may be represented by agency staff, the Texas Attorney General, by a county or district attorney, or by other counsel as necessary.

(c) The following process shall be used to issue a cease and desist order to a Nonregistrant:

(1) If the Executive Director determines that a Nonregistrant is violating, or has violated, Texas Occupations Code Chapter 1053 or this Chapter, the Executive Director may issue to the Nonregistrant a written notice describing the alleged violation and the Executive Director's intention to request that the Board issue a cease and desist order. The written notice shall offer the Nonregistrant an opportunity to request a hearing before an Administrative Law Judge at the State Office of Administrative Hearings.

(2) If the Nonregistrant does not request a hearing before the 22nd day after the date of receiving notice, the board may:

(A) issue a cease and desist order; and

(B) refer the violation to the attorney general for further action.

(3) If the Nonregistrant requests a hearing before the 22nd day after the date of receiving notice, the board shall hold the hearing at the State Office of Administrative Hearings not later than the 30th day after the date the board receives the request for the hearing. A hearing under this section is subject to Chapter 2001, Government Code.

(d) Notwithstanding any other law or rule, the Board shall not impose an administrative penalty against a Nonregistrant for a violation of Texas Occupations Code Chapter 1053 or this Chapter. If a Nonregistrant has committed a violation that would otherwise result in the imposition of an administrative penalty under Board Rules §5.187 and/or §5.242, the Board shall consider a remedy described in subsection (a) of this section in lieu of an administrative penalty.

Source Note: The provisions of this §5.183 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7079; amended to be effective June 13, 2010, 35 TexReg 4711; amended to be effective October 4, 2020, 45 TexReg 6997