Current through Reg. 50, No. 1; January 3, 2025
Section 60.23 - Commission and Executive Director-Imposing Sanctions and Penalties(a) The commission or executive director may sanction a license holder, applicant, or other person, if the person: (1) obtains or attempts to obtain a license by fraud or false representation;(2) falsifies any document submitted to the department or commission;(3) permits the use or display of a license by a person not authorized by law to use that license;(4) has a conviction, a deferred adjudication, or other criminal history that affects license eligibility as prescribed under Subchapter D; or(5) violates Texas Occupations Code, Chapter 51, a law establishing a regulatory program administered by the department, or a rule or order of the commission or the executive director.(b) The commission or executive director may:(1) issue a written reprimand;(2) revoke, suspend, or deny the person's license;(3) place on probation a person whose license has been suspended or revoked;(4) issue a restricted license to the person in accordance with Texas Occupations Code, Chapter 51, Subchapter G;(5) refuse to renew the person's license;(6) impose administrative penalties against the person after considering the factors set forth in Texas Occupations Code § 51.302(b);(7) order the payment of a refund to a consumer as prescribed under Texas Occupations Code § 51.359; or(8) take a combination of actions under paragraphs (1) - (7).(c) If the suspension or revocation of a license is probated, the commission or executive director may require the person to: (1) report regularly to the department on matters that are the basis of the probation;(2) limit practice to the areas prescribed by the commission or executive director;(3) complete professional education until the person attains a degree of skill satisfactory to the commission or executive director in those areas that are the basis for the probation; or(4) complete any other remedial actions agreed to by the parties.(d) If a person has outstanding administrative penalties, the department may place a hold on the person's license and the person may not renew the license until the administrative penalties are paid.16 Tex. Admin. Code § 60.23
The provisions of this §60.23 adopted to be effective July 1, 2009, 34 TexReg 4326; Amended by Texas Register, Volume 45, Number 04, January 24, 2020, TexReg 534, eff. 2/1/2020; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8631, eff. 1/1/2023; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9506, eff. 12/1/2024