22 Tex. Admin. Code § 5.187 - 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 subsection (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 of 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 5.151(c) and/or
5.175(f).
(4) If a violation of the
Board's laws or rules is not specifically defined in subsection (1) as a minor,
moderate, or major violation, the Board shall consider the factors outlined in
Board Rules 5.151(c) and/or 5.175(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 subsection (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 subsection (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
subsection (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 Registered Interior
Designer, a Candidate, or an Applicant who fails, without good cause, to
provide information to the Board under §
5.181 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
§
5.181 of this subchapter shall be
considered a moderate 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
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