22 Tex. Admin. Code § 3.177 - Administrative Penalty Schedule
If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty:
(1) In determining whether a minor, moderate,
or major penalty is imposed under paragraph (2) of this rule, the following
classifications shall apply:
(2) After determining whether the
violation is minor, moderate, or major, the Board shall impose an
administrative penalty as follows:
(A) Minor
violations-- an administrative penalty of not more than $1,000 shall be
imposed.
(B) Moderate violations--
an administrative penalty or not more than $3,000 shall be imposed.
(C) Major violations--an administrative
penalty of not more than $5,000 shall be imposed.
(3) In determining the specific amount of an
administrative penalty within the minor, moderate, or major range, the Board
shall consider the factors outlined in Board Rules 3.141(c) and/or
3.165(f).
(4) If a violation of the
Board's laws or rules is not specifically defined in paragraph (1) as a minor,
moderate, or major violation, the Board shall consider the factors outlined in
Board Rules 3.141(c) and/or 3.165(f) in determining an appropriate
administrative penalty.
(5)
Previous Disciplinary History - If the respondent was previously found to have
violated the Board's laws or rules in a warning or Order of the Board, then any
subsequent disciplinary action may be considered at the next higher level of
severity.
(6) Multiple Violations
(A) The administrative penalty ranges
discussed in paragraph (2) are to be applied to each individual violation of
the Board's laws and rules. If a respondent has violated multiple laws and/or
rules, or has committed multiple violations of a single law or rule, the
Respondent shall be subject to a separate administrative penalty for each
violation.
(B) Each sheet of plans
and specifications created or issued in violation of the Board's laws and rules
shall be considered a separate violation for purposes of calculating the total
administrative penalty under paragraph (6)(A).
(C) In the case of a continuing violation,
each day a violation continues or occurs shall be considered a separate
violation for purposes of calculating the total administrative penalty under
paragraph (6)(A).
(7)
The administrative penalties set out in this section may be considered in
addition to any other disciplinary actions, such as revocation, suspension, or
refusal to renew a registration.
(8) If the facts of a case are unique or
unusual, the Board may suspend the guidelines described in this
section.
(9) A Landscape Architect,
Candidate, or Applicant who fails, without good cause, to provide information
to the Board under the provision of §
3.171 of this subchapter (relating
to Responding to Request for Information) is presumed to be interfering with
and preventing the Board from fulfilling its responsibilities. A violation of
§
3.171 of this subchapter shall be
considered a minor violation if a complete response is not received within 30
days after receipt of the Board's written inquiry. An additional 15 day delay
constitutes a moderate violation, and each 15 day delay thereafter shall be
considered a separate major violation of these rules.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.