SECTION 336.9. Deliberate Misconduct

(a) Any licensee, applicant for a license, employer of a licensee or applicant, or any contractor (including a supplier or consultant), subcontractor, employee of a contractor, or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this chapter, may not:

(1) engage in deliberate misconduct that causes or would have caused if not detected, a licensee or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation of any license issued by the commission; or

(2) deliberately submit to the commission, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the commission.

(b) A person who violates subsection (a)(1) or (2) of this section may be subject to enforcement action under Texas Health and Safety Code, §401.393 and Texas Water Code, Chapter 7.

(c) For the purposes of subsection (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:

(1) would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the commission; or

(2) constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.

Source Note: The provisions of this §336.9 adopted to be effective January 8, 2004, 29 TexReg 150