SECTION 140.43. Grounds for Disciplinary Action

(a) The department may deny a license or registration application or renewal application; suspend or revoke a license or registration; place a licensee or registrant on probation; or issue a reprimand for a violation of the Act or this chapter.

(b) The department may also impose an administrative penalty for a violation of the Act or this chapter. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation.

(c) Prior to institution of formal proceedings to deny an application, revoke or suspend, place on probation, issue a reprimand, or impose an administrative penalty, the department shall give written notice to the licensee or registrant by certified mail, return receipt requested, of the facts or conduct alleged to warrant the proposed action, and the licensee or registrant shall be given an opportunity, as described in the notice, to show compliance with all requirements of the Act and this chapter.

(d) If disciplinary action of a licensee or registrant is proposed, the department shall give written notice by certified mail, return receipt requested, that the licensee or registrant must request, in writing, a formal hearing within 10 days of receipt of the notice, or the right to a hearing shall be waived and the action shall be taken.

(e) The department may request the Attorney General to bring an action for an injunction to prohibit a person from violating the Act or this chapter.

(f) The department may not deny a license or registration application or suspend, revoke, or probate a license or registration or impose administrative penalties against a licensee or registrant based on the refusal of the licensee or registrant to:

(1) submit to a genetic test; or

(2) reveal:

(A) whether the applicant, licensee, or registrant has submitted to a genetic test; or

(B) the results of any genetic test to which the applicant, licensee, or registrant has submitted.

Source Note: The provisions of this §140.43 adopted to be effective February 1, 2007, 32 TexReg 314