22 Tex. Admin. Code § 3.173 - Violation By One Not a Landscape Architect
(a) A
person who is not a Landscape Architect who violates any of the laws or rules
over which the Board has jurisdiction is subject to any or all of the
following:
(1) judicial proceedings for
injunctive relief;
(2) criminal
prosecution in a court of appropriate jurisdiction;
(3) imposition of an administrative
penalty;
(4) issuance of a cease
and desist Order from the Board.
(b) In taking action against a person who is
not a Landscape Architect, the Board may be represented by agency staff, the
Texas Attorney General, by a county or district attorney, or by other counsel
as necessary.
(c) The Executive
Director may recommend and the Board may, after notice and an opportunity for
hearing, impose an administrative penalty in the manner prescribed in
Subchapter I of the Architects' Practice Act and otherwise as permitted by law
and Board rules.
(d) A person
charged with a violation may request a hearing to contest a proposed
administrative penalty that has been recommended by the Executive Director:
(1) A request for a hearing must be received
in the Board's office no later than the 20th day after the date the person
receives notice that the Executive Director has recommended the imposition of
an administrative penalty.
(2) The
hearing shall be conducted by an Administrative Law Judge at the State Office
of Administrative Hearings under provision of the Administrative Procedure Act,
Texas Government Code Annotated, Chapter 2001, and this subchapter.
(e) If a person charged with a
violation agrees to a proposed administrative penalty recommended by the
Executive Director, the Board may approve the Executive Director's
recommendation and order payment of the proposed penalty without a
hearing.
(f) Within thirty (30)
days after the date on which the Board's Order imposing an administrative
penalty or taking other final agency action in a contested case proceeding
becomes final, the person charged must pay the administrative penalty and
otherwise ensure compliance with the terms set forth in the Board's Final Order
or file a petition for judicial review with a district court in Travis County
as provided by Subchapter G, Chapter 2001, Texas Government Code.
(g) If the Executive Director determines that
a Nonregistrant is violating, or has violated, a statutory provision or rule
enforced by the Board, the Executive Director may:
(1) issue to the Nonregistrant a written
notice describing the alleged violation and the Executive Director's intention
to request that the Board impose administrative penalties and issue a cease and
desist order. The written notice shall offer the Nonregistrant an opportunity
to resolve all matters contained in the written notice by means of an agreed
order or other instrument deemed appropriate by the Executive Director and of
the Nonregistrant's ability to request an informal conference as well as of his
or her right to request a hearing before an Administrative Law Judge at the
State Office of Administrative Hearings; and
(2) take any other action and impose any
other penalty described in this section or permitted by law.
Notes
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