SECTION 140.429. Voluntary Surrender of License, Certification, or Registration In Response to a Complaint

(a) When a licensee has offered the surrender of that person's license in response to a complaint, the department will consider whether to accept the surrender of the license. A licensee will be deemed to have offered the surrender of that person's license in response to a complaint when the surrender is offered after the licensee has received notice that a complaint has been received by the department. A licensee will be deemed to have received notice that a complaint has been received by the department three days after a letter notifying the licensee is mailed by the department.

(b) Surrender of a license without the department's acceptance thereof shall not deprive the department of jurisdiction under the Act, this subchapter, or other applicable law.

(c) When the department accepts the surrender of a license offered in response to a complaint, the license surrender is deemed to be the result of a formal disciplinary action and an order shall be prepared accepting the license surrender on that basis.

(d) If the department accepts the surrender of a license offered in response to a complaint, the person is not eligible to apply for a license, registration, or certification under this subchapter for a minimum of two years after the date of acceptance of the surrender.

Source Note: The provisions of this §140.429 adopted to be effective August 9, 2012, 37 TexReg 5788