22 Tex. Admin. Code § 367.18 - Reprimand; Probation; Suspension; Revocation
(a) Upon a
determination that a violation of the PLL, an order issued by the board, or a
board rule has occurred, the Board shall revoke, suspend, or refuse to renew a
license, endorsement, or registration, or shall reprimand a holder of a license
or registration.
(b) For the
purposes of this section, a reprimand means any disciplinary action, other than
the probation, suspension or revocation of a license, endorsement or
registration.
(c) A person whose
license, endorsement, or registration has been revoked pursuant to this section
may not apply for a new license, endorsement, or registration before one year
from the date of final revocation.
(d) The Board may place on probation a person
whose license, endorsement, or registration is suspended. If a license,
endorsement, or registration suspension is probated, the board may require the
person:
(1) to report regularly to the agency
on matters that are the basis of the probation;
(2) to limit practice to the areas prescribed
by the board; or
(3) to continue or
review professional education until the person attains a degree of skill
satisfactory to the board in those areas that are the basis of the
probation.
(e) If the
staff or the Board determines that probation is appropriate to deter future
violations of the Plumbing License Law and Board Rules by the respondent,
probation shall be administered consistently under the following guidelines:
(1) for violations with greater potential to
jeopardize public health, safety, welfare, property, or environment (as listed
in the Board's Administrative Penalty Schedule for Class A violations), the
term of the probation may not be less than one year or more than five years;
and
(2) for violations with less
potential to jeopardize public health, safety, welfare, property, or
environment (as listed in the Board's Administrative Penalty Schedule for Class
B violations), the term of the probation may not be less than six months or
more than one year.
(f)
Probation by voluntary agreed settlement between a respondent and the staff may
meet such terms that both parties deem fair and which in the interest of
justice may require.
Notes
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