Current through Reg. 49, No. 49; December 6, 2024
Section 801.302 - Severity Level and Sanction GuideThe following severity levels and sanction guides are based on the relevant factors in council rules, 22 Texas Administrative Code, § 884.20 (relating to Disciplinary Guidelines and General Schedule of Sanctions).
(1) Level One--Revocation of license. These violations evidence intentional or gross misconduct on the part of the licensee or cause or pose a high degree of harm to the public or may require severe punishment as a deterrent to the licensee, or other licensees.(2) Level Two--Suspension of license. These violations involve less misconduct, harm, or need for deterrence than Level One violations, but may require suspension of licensure for a period of time.(3) Level Three--Probated suspension of license. These violations do not involve enough harm, misconduct, or need for deterrence to warrant suspension of licensure, yet are severe enough to warrant monitoring of the licensee to ensure future compliance. Probationary terms may be ordered as appropriate.(4) Level Four--Reprimand. These violations involve inadvertent or relatively minor misconduct or rule violations not directly involving the health, safety and welfare of the public.(5) An administrative penalty may be assessed for any violation, in lieu of, or in addition to, other disciplinary actions. A maximum amount of $5,000 may be imposed for each violation, each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.22 Tex. Admin. Code § 801.302
The provisions of this §801.302 adopted to be effective October 19, 2003, 28 TexReg 8951; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective March 31, 2013, 38 TexReg 1982; Amended by Texas Register, Volume 44, Number 09, March 1, 2019, TexReg 1155, eff. 3/7/2019; Amended by Texas Register, Volume 45, Number 40, October 2, 2020, TexReg 7031, eff. 10/5/2020; Amended by Texas Register, Volume 47, Number 46, November 18, 2022, TexReg 7693, eff. 11/23/2022