Section 139.35 - Sanctions and Penalties - Engineering(a) The board, the executive director, an administrative law judge, and the participants in an informal settlement conference may arrive at a greater or lesser sanction than suggested in these rules. The minimum administrative penalty shall be $100 per violation. Pursuant to §1001.502(a) of the Act, the maximum administrative penalty shall be $5,000.00 per violation of Chapter 1001 or a rule adopted or order issued under that chapter. Each day a violation continues or occurs is considered a separate violation for the purpose of assessing an administrative penalty. Allegations and disciplinary actions will be set forth in the final board order, and the severity of the disciplinary action will be based on the following factors: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act and the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the history of prior violations of the respondent;(3) the severity of penalty necessary to deter future violations;(4) efforts or resistance to efforts to correct the violations;(5) the economic harm to property or the environment caused by the violation; and(6) any other matters impacting justice and public welfare, including any economic benefit gained through the violations.(b) The following is a table of suggested sanctions the board may impose against license holders for specific violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued may be less than or greater than the suggested sanctions shown in the following table. Also, for those suggested sanctions that list "suspension", all or any portion of the sanction could be probated, depending on the severity of each violation and the specific case evidence. Attached Graphic
(c) The following is a table of suggested sanctions that may be imposed against a person or business entity for specific violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table. Attached Graphic
(d) The following is a table of suggested sanctions that may be imposed against a person or business entity for violations of the Act or board rules involving firm registration. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table. Attached Graphic
(e) The following is a table of suggested sanctions that may be imposed against a governmental entity and/or its representative for violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table. Injunctive action could also result from a second or later occurrence of these violations. Attached Graphic
22 Tex. Admin. Code § 139.35
The provisions of this §139.35 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective January 1, 2006, 30 TexReg 8688; amended to be effective March 20, 2006, 31 TexReg 2158; amended to be effective June 20, 2006, 31 TexReg 4862; amended to be effective September 4, 2006, 31 TexReg 7125; amended to be effective December 10, 2006, 31 TexReg 9834; amended to be effective April 27, 2008, 33 TexReg 3267; amended to be effective December 21, 2008, 33 TexReg 10182; amended to be effective December 11, 2011, 36 TexReg 8377; amended to be effective June 18, 2012, 37 TexReg 4416; amended to be effective September 9, 2012, 37 TexReg 6915; amended to be effective December 17, 2013, 38 TexReg 9047; amended by Texas Register, Volume 41, Number 50, December 9, 2016, TexReg 9707, eff. 12/11/2016; amended to be effective June 19, 2017, 42 TexReg 3147; amended by Texas Register, Volume 43, Number 10, March 9, 2018, TexReg 1441, eff. 3/15/2018; amended by Texas Register, Volume 45, Number 51, December 18, 2020, TexReg 9208, eff. 12/27/2020; Amended by Texas Register, Volume 47, Number 25, June 24, 2022, TexReg 3690, eff. 7/3/2022