Part XI.
Board of Nurse Examiners
Chapter 211.
Bylaws
22 TAC §§211.1-211.11
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Board of Nurse Examiners or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Board of Nurse Examiners proposes the repeal
of §§211.1-211.11 concerning Introduction; Purpose and Functions;
Organization and Structure; Officers; Meetings; Committees of the Board; Executive
Director; Advisory Committees; Conflict of Interest; General Considerations;
and Amendments to the Sections.
The repeal would allow for the adoption of new sections.
Katherine Thomas, MN, RN, Executive Director, has determined that there
will be no fiscal implications for state or local government as a result of
enforcing or administering the repeal.
Ms. Thomas also has determined that for each year of the first five years
the proposed repeal is in effect the public is not affected. There will be
no effect on local government nor businesses to comply with the repeal.
Written comments on the proposed repeal may be submitted to Katherine
Thomas, Board of Nurse Examiners, P.O. Box 430, Austin, Texas, 78767-0430.
The repeal is proposed under the Nursing Practice Act, (Texas
Civil Statutes), Article 4514, §1, which provides the Board of Nurse
Examiners with the authority and power to make and enforce all rules and regulations
necessary for the performance of its duties and conducting of proceedings
before it.
There are no other rules, codes, or statutes that will be affected by this
proposal.
§211.1.Introduction.
§211.2.Purpose and Functions.
§211.3.Organization and Structure.
§211.4.Officers.
§211.5.Meetings.
§211.6.Committees of the Board.
§211.7.Executive Director.
§211.8.Advisory Committees.
§211.9.Conflict of Interest.
§211.10.General Considerations.
§211.11.Amendments to the Sections.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
August 9, 1999.
TRD-9904945
Katherine A. Thomas, MN, RN
Executive Directors
Board of Nurse Examiners
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 305-6816
22 TAC §§211.1-211.09
The Board of Nurse Examiners proposes new §§211.1-211.09
concerning Introduction; Purpose and Functions; Organization and Structure;
Officers; Meetings; Committees of the Board; Executive Director; Advisory
Committees; Conflict of Interest; General Considerations.
The Board of Nurse Examiners staff reviewed the bylaws. Staff determined
that the title of the chapter would be better served as "General Provisions".
In addition, The Board of Nurse Examiners is required to have rules in place
for the Historically Underutilized Businesses pursuant to Article IX of the
75th Legislative Session and rules for advisory committees as defined by the
Texas Administrative Code. Since the Competency Advisory Committee and Laws
and Regulations Committee were established by statute Article 4518, §8,
these two committees require rules.
Katherine Thomas, MN, RN, Executive Director, has determined that there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rules.
Ms. Thomas also has determined that for each year of the first five years
the proposed rules will be in effect the public is not affected. There will
be no effect on local government nor businesses to comply with the rules.
Written comments on the proposed amendments may be submitted to Katherine
Thomas, Board of Nurse Examiners, P.O. Box 430, Austin, Texas, 78767-0430.
The new rules are proposed under the Nursing Practice Act, (Texas
Civil Statutes), Article 4514, §1 and 4518, §7(d), which provides
the Board of Nurse Examiners with the authority and power to make and enforce
all rules and regulations necessary for the performance of its duties and
conducting of proceedings before it. These general provisions will have general
applicability to Board functions and to some degree will affect all the formal
proceedings required by the Board under the Nursing Practice Act, Texas Revised
Civil Statutes, Article 4513, et seq.
There are no other rules, codes, or statutes that will be affected by this
proposal.
§211.1.Introduction.
(a)
Name. The entity is the Board of Nurse Examiners for the
State of Texas, hereafter referred to as the board. It is a decision-making
board appointed by the Governor of the State of Texas in compliance with Texas
Civil Statutes.
(b)
Location. The administrative offices shall be located in
Austin, Texas.
(c)
Legal authority. The board is established pursuant to V.T.C.A.,
Occupations Code, Chapters 301 and 303, and Vernon's Civil Statutes, Articles
4514, §8(c); 4518; §4; 4519a, §1; 4525.01; 4527a, §3;
4527e; and 4528b.
(d)
Composition. The board shall be composed of those persons
appointed by the Governor with the advice and consent of the Senate.
(e)
Fiscal year. For all fiscal and administrative purposes,
the reporting year of the board shall be identical to that of the State of
Texas.
§211.2.Purpose and Functions.
(a)
Purpose. The purpose of the board is to protect and promote
the welfare of the people of Texas. This purpose supersedes the interest of
any individual, the nursing profession, or any special interest group. The
board fulfills its mission through two principle areas of responsibility:
(1)
regulation of the practice of professional nursing, and
(2)
accreditation of schools of nursing.
(b)
Functions. The board shall perform the following functions
as outlined in V.T.C.A., Occupations Code, Chapters 301 and 303, and Vernon's
Civil Statutes, Articles 4514, §8(c); 4518, §4; 4519a, §1;
4525.01; 4527a, §3; 4527e; and 4528b.
(1)
Establish standards of nursing practice and regulate the
practice of professional nursing.
(2)
Interpret the Nursing Practice Act and the Rules and
Regulations Relating to Professional Nurse Education, Licensure and Practice
to nurses, employers, and the public to ensure informed professionals, allied
health professionals, and consumers.
(3)
Receive complaints and investigate possible violations
of the Nursing Practice Act and rules and regulations.
(4)
Discipline violators through appropriate legal action
to enforce the Nursing Practice Act and rules and regulations.
(5)
Provide a mechanism for public comment with regard
to the rules and regulations and the Nursing Practice Act and review and modify
the rules and regulations when necessary and appropriate.
(6)
Examine and license qualified applicants to practice
professional nursing in the state of Texas in a manner that ensures that applicable
standards are maintained and that practitioners are minimally competent.
(7)
Grant licensure by endorsement to registered nurses
from other states to ensure standards are maintained and applicable practices
are consistent.
(8)
Recommend to legislature appropriate changes in the
Nursing Practice Act to ensure that the act is current and applicable to changing
needs and practices.
(9)
Establish standards for nursing education and accredit
or deny accreditation to schools of nursing and educational programs which
fail to meet or maintain the prescribed course of study or other applicable
standards to ensure that high levels of education are achieved.
(10)
Monitor the examination results of licensure applicants
to determine variances in the level of educational effectiveness.
(11)
Provide consultation and guidance to nurse education
institutions to facilitate self-study, evaluation, and the development of
effective nurse education programs.
(12)
Provide advice and counsel to the faculty of educational
programs, to staff of health agencies utilizing nursing services, and to practitioners
of nursing to continually improve professional service delivery.
§211.3.Organization and Structure.
(a)
General. The board shall consist of members appointed by
the Governor with the advice and consent of the Senate.
(b)
Terms of office. In accordance with V.T.C.A., Occupations
Code, Chapters 301.052(a), the terms of board members shall be six years in
length and shall be staggered so that the terms of not more than one-third
of the members shall expire in a single calendar year. Upon completion of
a term, a member may continue to serve until a successor has been appointed.
A member may be reappointed to successive terms at the discretion of the Governor.
(c)
Eligibility. Refer to V.T.C.A., Occupations Code, Chapter
301.052(b).
(d)
Compensation. Each member of the board shall receive per
diem as provided by law for each day that the member engages in the business
of the board and will be reimbursed for travel expenses incurred in accordance
with the state of Texas and Board of Nurse Examiners' travel policies.
§211.4.Officers.
(a)
Selections and appointments. In accordance with V.T.C.A.,
Occupations Code, Chapter 301.057, the Governor shall designate one of the
members of the board as presiding officer. During the last meeting of the
fiscal year, the board shall elect from among its membership a vice president.
All elections and any other issues requiring a vote of the board shall be
decided by a simple majority of the members present and voting.
(b)
Duties of the officers.
(1)
The president shall
(A)
preside at all meetings of the board,
(B)
represent the board in legislative matters and in meetings
with related groups,
(C)
appoint standing, ad hoc, and advisory committees,
(D)
perform such other duties as pertain to the office of the
president and,
(E)
designate a member of the board to coordinate the annual
performance reviews of the executive director and evaluation of the board.
(2)
The vice president shall function in the absence
of the president and shall perform such other duties that are from time to
time assigned by the board. If the office of president becomes vacant, the
vice president will serve as president until another member is elected by
the board or named by the Governor.
§211.5.Meetings.
The board shall meet at least four times a year. It shall consider
such matters as may be necessary. Special meetings shall be called by the
president of the board or upon written request signed by three members of
the board in accordance with V.T.C.A., Occupations Code, Chapter 301.058.
(1)
Agenda. An agenda shall be posted in accordance with the
Open Meetings Act and copies shall be sent to the board members.
(2)
Meetings of the board and of its committees are open
to the public unless such meetings are conducted in executive session pursuant
to state law.
(3)
Quorum. A majority of the members of the board, at
least three of whom shall be registered nurses, shall constitute a quorum
for the transaction of all business at any regular or special meeting.
(4)
Voting. The board may act only by majority vote of
its members present and voting, with each member entitled to one vote, unless
a conflict of interest exists as described in §211.8 of this title (relating
to Conflict of Interest). No proxy vote shall be allowed.
(5)
Presiding officer. In the absence of the president
and the vice president, a presiding officer shall be chosen by a majority
of the board members present.
§211.6.Committees of the Board.
(a)
The following are standing and permanent committees of
the board, as established by the board in accordance with the Nursing Practice
Act. The responsibilities and authority of these committees include those
duties and powers as set forth including other responsibilities and charges
which the board may from time to time delegate to these committees.
(b)
Eligibility and Disciplinary Committee.
(1)
Members of the committee shall be appointed by the president
and shall consist of one consumer member and two nurse members.
(2)
The chair shall be named by the president.
(3)
Duties and powers. The disciplinary committee shall
have the authority to determine matters of eligibility for licensure and discipline
of licenses, including temporary suspension of a license, and administrative
and civil penalties.
(c)
Education Liaison. The three board members representing
nursing educational programs shall serve as advisory to the staff on matters
pertaining to faculty waivers, proposed curriculum revisions and other issues
that may arise between regular board meetings. The recommendations of the
liaison members are presented to the board at the next regular meeting for
ratification.
(d)
Advanced Practice Liaison. Three members shall be designated
by the president to serve as advisory to the staff on matters pertaining to
advanced practitioner waivers and other issues that may arise between regular
board meetings. The recommendation of the liaison members are presented to
the board at the next regular meeting for ratification.
(e)
Other standing or ad hoc committees. The board may designate
other standing or ad hoc committees as deemed necessary. Such committees shall
have and exercise such authority as may be granted by the board.
(f)
Statutory Committees.
(1)
Pursuant to the Health and Safety Code, §142.016,
the Board of Nurse Examiners (BNE) and the Texas Department of Health (TDH)
shall review their Memorandum of Understanding (MOU) relating to nursing services
annually and renew or modify the MOU as necessary.
(2)
The BNE and the TDH shall consult with an advisory
committee with minimum composition requirements stated in §142.016(b)
in any modification or renewal of the MOU.
(3)
Nothing in the MOU shall be construed to alter the
jurisdiction of the BNE or TDH regarding the definition or regulation of the
practice of professional nursing.
(4)
The Laws and Regulations and Competency Advisory Committees
advise and make recommendations to the Board regarding mechanisms to assure
that RNs understand the laws and regulations affecting the practice of professional
nursing and on matters relating to ensuring the maintenance of continued competency
of registered nurses respectively.
(A)
Composition. The composition of the committees shall include
representatives of those organizations identified in V.T.C.A., Occupations
Code, Chapter 301.160 (g) and (h).
(B)
Presiding Officer; Committee Structure.
(i)
A board member appointed by the President will serve as
Chairperson to the Committee.
(ii)
Agency staff assigned by the Executive Director will provide
agency support to the Committee and Chair.
(iii)
Consultants may be invited as needed.
(iv)
Contracts/grants may be awarded to meet statutory requirements.
(v)
The committee shall meet as often as needed to complete
its purpose.
(C)
Reimbursement of Member Expenses.
(i)
Reimbursement of expenses incurred for official committee
business must be authorized by the General Appropriations Act as set forth
in the Government Code, Chapter 2110.
(ii)
No compensatory per diem shall be paid to committee members
unless required by law.
(iii)
A committee member who is an employee of the state other
than the Board may not receive expenses from the Board.
(D)
Reporting Requirements.
(i)
The committee shall issue an annual report beginning November
1, 1998 of any pilot programs developed and approved and the status of such,
including any findings regarding their effectiveness.
(ii)
Reports shall be mailed to statewide nursing associations,
RN educators, and RN employers who request a copy.
(iii)
A report shall be filed biennially with the Legislative
Budget Board and a final report shall be filed no later than September 1,
2000 providing an evaluation of the committee's work, usefulness, costs related
to the committee's existence, including cost of staff time.
(E)
The committee(s) shall be in existence until the final
report has been prepared for the Legislative session of January 2001, unless
the Board abolished the committee sooner upon completion of its purpose.
(g)
Advisory Committees. The president may appoint, with the
authorization of the board, advisory committees for the performance of such
activities as may be appropriate.
§211.7.Executive Director.
(a)
The board shall determine qualifications for and retain
an executive director who shall be the chief executive officer of the agency.
(b)
The executive director shall have the authority and responsibility
for the operations and administration of the agency and such additional powers
and duties as prescribed by the board. As chief executive of the board the
executive director shall manage all aspects of the agency, including personnel,
financial and other resources, in support of the NPA, rules and policies,
the board's mission and strategic plan. The executive director shall attend
all meetings of the board and may offer recommendations to the board, but
shall not vote on matters brought before the board.
§211.8.Conflict of Interest.
When matters to be discussed by or before the board concern a school
and/or agency with which the board member is affiliated, the board member
shall not enter into the discussion unless questioned by a member of the board
and shall not vote on the matter.
§211.9.General Considerations.
(a)
Parliamentary procedure. Board and committee meetings shall
be conducted pursuant to the provisions of Robert's Rules of Order Newly Revised.
(b)
Minutes. Minutes of all board meetings will be prepared
and transmitted to board members for their review prior to subsequent board
meetings and shall be filed with the Legislative Reference Library and the
Texas State Library. Proceedings of standing and ad hoc committee meetings
and advisory committee meetings shall be recorded, distributed and filed in
accordance with parliamentary procedure.
(c)
Video Tape. All or any part of the proceedings of a public
board meeting may be recorded by any person in attendance by means of a tape
recorder, video camera, or any other means of sonic or visual reproduction.
(1)
The executive director shall direct any individual wishing
to record or videotape as to equipment location, placement, and the manner
in which the recording is conducted.
(2)
The decision will be made so as not to disrupt the
normal order and business of the board.
(d)
Executive Session.
(1)
The Board of Nurse Examiners may meet in executive session
to consider only the following items as provided by law:
(A)
involving the appointment, employment evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, unless such
officer or employee requests a public hearing;
(B)
with respect to the purchase, exchange, lease, value of
real property and negotiated contracts for prospective gift or donations to
the state or the governmental body, when such discussion would have a detrimental
effect on the negotiating position of the board as between the board and a
third person, firm, or corporation;
(C)
regarding the deployment, or specific occasions for implementation
of security personnel or devices; or
(D)
in private consultation between a governmental body and
its attorney, in instances in which the board seeks the attorney's advice
with respect to pending or contemplated litigation, settlement offer, and
matters where the duty of board's counsel to his client, pursuant to the Code
of Professional Responsibility of the State Bar of Texas, clearly conflicts
with applicable statutory provisions.
(2)
An executive session of the board shall not be
held unless a quorum of the board has first been convened in open meeting.
If during such open meeting, a motion is passed by the board to hold an executive
session, the presiding officer shall publicly announce that an executive session
will be held by stating: "Under the authority of Government Code §551.101,
et seq., this meeting is in executive session."
(3)
The presiding officer of the board shall announce
the date and time at the beginning and end of the executive session.
(4)
The presiding officer of the board shall make a tape
recording of the executive session which shall include the announcement made
by the presiding officer at the beginning and end of the executive session.
(5)
In lieu of a tape recording, the presiding officer
shall prepare an agenda of the executive session which shall be certified
by the presiding officer as being a true and correct record of the proceedings.
The certified agenda shall:
(A)
include an announcement of the date and time by the presiding
officer at the beginning and end of the executive session; and
(B)
state the subject matter of each deliberation and include
a record of any further action taken.
(6)
At the conclusion of the executive session, the
presiding officer shall place the certified agenda or tape in an envelope,
seal and date the envelope and deliver the envelope to the executive director.
(7)
The executive director or his or her designee will
place the envelope containing the tape or agenda in the agency's safe.
(8)
The certified agenda or tape shall be maintained at
the board office for at least two years from the date of the executive session.
If an action involving the executive session commences during such two year
period, the certified agenda shall be maintained until the final disposition
of such action.
(9)
The certified agenda or tape shall be available for
inspection by the judge of a district court as specified in Government Code,
§555.104, if litigation has been initiated involving a violation of this
section.
(e)
Contracts with Historically Underutilized Businesses (HUBS).
(1)
A Historically Underutilized Business (HUB) is a business
that meets the definition of HUBs as defined in the rules of the General Services
Commission.
(2)
The Board shall make a good faith effort to utilize
HUBs in contracts for construction, services, including professional and consulting
services, and commodities purchases.
(3)
The board shall make a good faith effort to assist
HUBs in receiving a portion of the total contract value of all contracts awarded
by the board in accordance with the percentage goals established by the General
Services Commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
August 9, 1999.
TRD-9904946
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 305-6816
Chapter 535.
Provisions of the Real Estate License Act
Subchapter A. General Provisions Relating to the Requirement of Licensure
22 TAC §535.1
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.1, concerning when a real estate license is required. The amendment
would narrow the scope of the section with regard to nonresidents who may
be conducting real estate brokerage from another state via the Internet, mail,
telephone, or other medium. Since the adoption of the current section, TREC
has received a number of questions from nonresident brokers who are concerned
that they may be in violation of Texas Civil Statutes, Article 6573a, (the
Act) by responding to a Texas resident's inquiry about property in another
state being offered for sale or lease by the brokers. The amendment would
clarify that a nonresident would have to be dealing with a Texas resident,
that all the prospective buyers, sellers, landlords, and tenants would have
to be legal residents of Texas and that the proposed transaction would have
to involve real property located at least partly in Texas before the nonresident
would be subject to the Act. By clarifying that these significant connections
to the State of Texas must exist before a nonresident would be subject to
the Act, the amendment would eliminate uncertainty as to the scope of the
current section. The amendment also would clarify that, as permitted by the
Act, nonresident real estate brokers may cooperate in real estate transactions
with Texas real estate licensees without being licensed in Texas.
Mark A. Moseley, general counsel , has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the section. The amendment may slightly reduce the number of non-residents
applying for a Texas real estate broker license, since the amendment narrows
the scope of activity for which a Texas license would be required. There is
no anticipated impact on local or state employment as a result of implementing
the section. There is no anticipated economic cost to persons who are required
to comply with the proposed section, since nonresident brokers may continue
to conduct real estate transactions in cooperation with Texas real estate
licensees.
Mr. Moseley also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be clarification of the licensing requirements
for residents of other states.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.1.License Required.
(a)
Texas Civil Statutes, Article 6573a (the Act) applies to
persons acting as real estate brokers or salespersons
while physically
within this state, regardless of the location of the real estate involved
or the residence of the person's customers or clients. For the purposes of
the Act,
a person
conducting brokerage business from another state
by mail, telephone, the Internet, e-mail or other [
(b)
This section does not prohibit cooperative
arrangements between non-resident brokers and Texas brokers pursuant to the
Act, §14(a) and §535.131 of this title (relating to Unlawful Conduct:
Splitting Fees).
(c)
[
(d)
[
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August
4, 1999.
TRD-9904811
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.101, concerning fees. The amendment would increase the filing
fees for renewing a real estate broker or real estate salesperson license
and the fee for filing a request to take a license examination.
Adoption of the amendment is necessary for TREC to generate sufficient
revenue to fund appropriations by the 76th Legislature (1999). Unless these
and other fees are increased, there will be an estimated shortfall of $600,000
over the 2000-2001 biennium between TREC's current revenues and the amount
necessary for the agency to administer its licensing and regulatory programs
for that period. Adoption of the amendment would permit TREC to continue its
programs, hire additional enforcement personnel authorized by the legislature,
and purchase a new computer system the agency has been authorized to acquire
in FY 2001.
Alan Waters, director of staff services, has determined that for the first
five-year period the section is in effect there will be fiscal implications
for the state as a result of enforcing or administering the section. Annual
revenues would increase by approximately $209,420 for FY 2000 and $282,285
for each year thereafter for the first five years after the section as amended
is in effect. No fiscal implications are anticipated for local government
There is no anticipated impact on local or state employment as a result of
implementing the section.
Mr. Waters also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be ensuring that the commission collects sufficient
fees to fund appropriations by the legislature. The anticipated economic cost
to persons who are required to comply with the proposed section will be an
increase of $2 per year for license renewals and an increase of $10 in the
fee for filing a request to take an examination.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.101.Fees.
(a)-(b)
(No change.)
(c)
The commission shall charge and collect the following fees:
(1)
(No change.)
(2)
a fee of
$30
[
(3)
(No change.)
(4)
a fee of
$30
[
(5)
a fee of
$35
[
(6)-(13)
(No change.)
(d)-(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August
4, 1999.
TRD-9904812
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 465-3900
22 TAC §535.210
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.210, concerning fees. The amendment would increase the filing
fees for applying for or renewing apprentice licenses, real estate inspector
licenses, and professional inspector licenses and the fee for filing a request
to take a license examination.
Adoption of the amendment is necessary for TREC to generate sufficient
revenue to fund appropriations by the 76th Legislature (1999). Unless these
and other fees are increased, there will be an estimated shortfall of $600,000
over the 2000-2001 biennium between TREC's current revenues and the amount
necessary for the agency to administer its licensing and regulatory programs
for that period. Adoption of the amendment would permit TREC to continue its
programs, hire additional enforcement personnel authorized by the legislature,
and purchase a new computer system the agency has been authorized to acquire
in FY 2001.
Alan Waters, director of staff services, has determined that for the first
five-year period the section is in effect there will be fiscal implications
for the state as a result of enforcing or administering the section. Annual
revenues would increase by approximately $15,750 for FY 2000 and $23,625 for
each year thereafter for the first five years after the section as amended
is in effect. No fiscal implications are anticipated for local government
There is no anticipated impact on local or state employment as a result of
implementing the section.
Mr. Waters also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be ensuring that the commission collects sufficient
fees to fund appropriations by the legislature. The anticipated economic cost
to persons who are required to comply with the proposed section will be an
increase of $10 per year for license renewals and original applications and
an increase of $10 in the fee for filing a request to take an examination.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.210.Fees.
(a)
The commission shall charge and collect the following fees:
(1)
a fee of
$35
[
(2)
a fee of
$45
[
(3)
a fee of
$60
[
(4)
a fee of
$20
[
(5)
a fee of
$25
[
(6)
a fee of
$25
[
(7)
a fee of
$35
[
(8)-(9)
(No change.)
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August
4, 1999.
TRD-9904813
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 465-3900
22 TAC §§537.11, 537.21, 537.36, 537.43, 537.44, 537.46
The Texas Real Estate Commission (TREC) proposes amendments
to §§537.11, 537.21, 537.36, 537.43, 537.44, and 537.46, concerning
standard contract forms. These actions would adopt by reference five revised
forms to be used by Texas real estate licensees. The forms have been revised
to make them easier to read and use and to conform with changes in the law
governing owners' associations enacted by the 76th Legislature (1999).
Texas real estate licensees are generally required to use forms promulgated
by TREC when negotiating contacts for the sale of real property. These forms
are drafted by the Texas Real Estate Broker-Lawyer Committee, an advisory
body consisting of six attorneys appointed by the President of the State Bar
of Texas and six brokers appointed by TREC. The amendment to §537.11
renumbers the revised forms and also clarifies that licensees may reproduce
forms from printed copies or electronically from files available from TREC
on the agency's site on the World Wide Web and that a computer program for
using the forms may permit the user to strike through language at the direction
of the parties to the contract. Nonsubstantive language changes also are proposed
to make the section consistent in style with other TREC rules.
The amendment to §537.21 would adopt a revised Addendum for Sale of
Other Property By Buyer, a form used when the buyer and seller wish to make
the contract contingent upon the sale of other property owned by the buyer.
The form has been revised to eliminate a provision relating to the seller's
continued showing of the property, because that subject is addressed in the
TREC contract forms. Nonsubstantive changes are also proposed to make the
form consistent in style with other TREC forms.
The amendment to §537.36 would adopt by reference a revised Addendum
for Abstract of Title, a form used when the buyer is to receive an abstract
of title in lieu of an owner policy of title insurance. The form has been
revised to clarify when a supplemental abstract is to be delivered to the
buyer and when the buyer may object to matters shown in the supplemental abstract.
The form also has been rewritten to be consistent with the language used in
other TREC forms and make the form easier to read.
The amendment to §537.43 would adopt by reference a revised Addendum
for Property Subject to Mandatory Membership in an Owners' Association. The
form is used when the parties to the contract wish to address whether a resale
certificate or other information about the owners' association is to be provided
to the buyer. The form has been revised to make it consistent with new Chapter
207, Texas Property Code, enacted by the 76th Legislature (1999), effective
September 1, 1999 ("the new law"). Under the new law, an owners' association
is required to provide subdivision information to an owner upon the owner's
written request. This information consists of restrictions applying to the
subdivision, the bylaws and rules of the owners' association, and a resale
certificate with specific information about the association. The TREC addendum
has been modified to remove requirements that the seller provide the buyer
with a copy of the association's articles of incorporation and income and
expense statement, because the new law does not require the association to
provide that information to the seller. Other information, including the operating
budget and certificate of insurance, have been deleted as optional selections
in the addendum, because the new law requires that information to be provided
by the association in the new statutory resale certificate.
The amendment to §537.44 would adopt by reference a revised resale
certificate, now captioned "Subdivision Information, Including Resale Certificate
for Property Subject to Mandatory Membership in an Owners' Association." The
form has been modified to be consistent with the content required by the new
law, specifically, to eliminate an explanation of any suits pending against
the association and disclosure of any material physical defect known to the
governing board of the association. The form also has been revised to add
information which had not been included in the prior TREC form, specifically,
a statement whether the restrictions allow foreclosure of a property owners'
association's lien on the owner's property for failure to pay assessments.
The amendment to §537.46 would adopt by reference a revised Amendment.
The form is used when the parties to the contract wish to amend their agreement.
The form has been revised to include a general provisions paragraph for modifying
information inserted in the boxes and blanks on the original contract. A note
to the broker has been added to caution the broker to use the space for this
limited purpose so as to avoid the unauthorized practice of law.
To ensure that conflicts between the existing TREC forms and the new law
do not result in harm to prospective purchasers or associations using the
forms, TREC is adopting on an emergency basis amendments §§537.11,
537.43 and 537.44, which by reference TREC Form 36-1, Addendum for Property
Subject to Mandatory Membership in an Owners' Association, and TREC Form 37-1,
Subdivision Information, Including Resale Certificate for Property Subject
to Mandatory Membership in an Owners' Association, to be effective September
1, 1999.
Mark A. Moseley, general counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
There is no anticipated impact on local or state employment as a result of
implementing the sections.
Mr. Moseley also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be the availability of current standard
contract forms. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the proposed sections,
other than the costs of obtaining copies of the forms, which would be available
at no charge through the TREC web site, and available from private printers
at an estimated cost of $7.50 per set of 50 copies.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas, 78711-2188.
The amendments are proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute that is affected by these sections is Texas Civil Statutes,
Article 6573a.
§§537.11. Use of Standard Contract Forms.
(a)
Standard Contract Form TREC No. 9-3 is promulgated for
use in the sale of unimproved property where intended use is for one to four
family residences. Standard Contract Form TREC No.
10-3
[
(b)
(No change.)
(c)
A licensee
may
[
(d)
A licensee
may
[
(e)
Where it appears that, prior to the execution of any such
instrument, there are unusual matters involved in the transaction which should
be resolved by legal counsel before the instrument is executed or that the
instrument is to be acknowledged and filed for record, the licensee shall
advise the principals that each should consult a lawyer of
the principal's
[
(f)
A licensee
may
[
(g)
A
licensee
[
(h)
Forms approved or promulgated by the commission
may
[
(1)
numbered
copies
[
(2)
printed copies made from
copies
[
(3)
legible photocopies made from such [
(4)
computer-driven printers following these guidelines.
(A)
The computer file or program containing the form text must
not allow the end-user direct access to the text of the form and may only
permit the user to insert language in blanks in the forms
or to strike
through language at the direction of the parties to the contract
.
(B)
Typefaces or fonts must appear to be identical to those
used by the commission in printed
copies
[
(C)
The text and number of pages must be identical to that
used by the commission in printed
copies
[
(D)
The spacing, length of blanks, borders and placement by
of text on the page must appear to be identical to that used by the commission
in printed
copies
[
(E)
(No change.)
(F)
The text of the form must be obtained from a
copy
[
(i)
The control number of each
copy
[
(j)
(No change.)
§537.21.Standard Contract Form TREC No. 10-3 [
The Texas Real Estate Commission adopts by reference standard contract
form TREC No.
10-3
[
§537.36.Standard Contract Form TREC No. 29-1 [
The Texas Real Estate Commission adopts by reference standard contract
form
[
§537.43.Standard Contract Form TREC No. 36-1 [
The Texas Real Estate Commission adopts by reference standard contract
form TREC
No.
[
§537.44.Standard Contract Form TREC No. 37-1 [
The Texas Real Estate Commission adopts by reference standard contract
form TREC
No.
[
§537.46.Standard Contract Form TREC No. 39-1 [
The Texas Real Estate Commission adopts by reference standard contract
form TREC No.
39-1
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
August 6, 1999.
TRD-9904841
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 465-3900
Chapter 591.
General Provisions
22 TAC §591.11
The Structural Pest Control Board proposes amendments of
22 TAC §591.11, concerning Determination of Administrative. The amendments
specify three Base Penalty categories in lieu of the four Base Penalty categories,
and the types of violations within each base penalty category and rearranges
and clarifies the other provisions of the sections.
Benny M. Mathis, Executive Director has determined that there will be no
fiscal implications as a result of enforcing or administering the rule as
proposed.
There will be no effect on state government for the first five-year period
the rule as proposed will be in effect. There will be no estimated additional
cost, estimated reduction in cost or estimated loss or increase in revenue.
There will be no effect on local government for the first five-year period
the rule will be in effect. There will no estimated additional cost, estimated
reduction in cost or estimated loss or increase in revenue. There will be
no cost of compliance for small businesses or large businesses based on cost
per employee, cost per hour of labor or cost per $100 of sales for large or
small businesses.
Benny M. Mathis, Executive Director has determined that for each year of
the first-five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be the better
understanding of the rule by the customer/consumer, the licensee/service provider
and the public at large, and the better application and enforcement of the
rule for the benefit of the customer/consumer and the public at large. There
is no anticipated economic cost to individuals who are required to comply
with the rule as proposed.
Comments on the proposal may be submitted to William F. Greve, Jr., General
Counsel, Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin,
Texas 78723.
The amendment is proposed under Texas Revised Civil Statutes
Annotated, Article 135b-6, which provides the Structural Pest Control Board
with the authority to license and regulate the structural pest control industry.
The following is the (statutes, articles or code) that are affected by
this rule: Article 135b-6.
§591.11. Determination of Administrative Penalties.
(a)
Base penalty (BP) amounts will be established that consider
the seriousness of the violation. Examples of possible violations of the Structural
Pest Control Act and a possible base penalty for each violation and each day
a violation exists are as follows
:
[
(1)
For violations with possible minimum impact to the
public or the environment, including, but not limited to the following:
[
(A)
failure to properly produce
and maintain pesticide, training and other required records;
(B)
failure to put identifying
letters and numbers on vehicles;
(C)
failure to place required
jurisdictional information on documents;
(D)
failure to notify the Board
of a business location address change;
(E)
failure to provide the Board
addresses where licensees can be located;
(F)
failure to notify the Board
of the employment and termination of technicians and certified applicators;
(G)
failure to properly produce,
distribute, and/or post signs, information sheets and stickers;
(H)
failure to use correct report
form;
(I)
failure to comply with sections
of the Act or regulations an Administrative Penalty of $50 to $500 per violation
will be assessed.
(2)
For violations with possible moderate impact
to the public or the environment, including, but not limited to the following:
[
(A)
failure to register employees
and pay fees;
(B)
failure to notify the Board
when a certified applicator leaves employment;
(C)
failure to produce and provide
proper and complete termite disclosures;
(D)
failure to provide the Board
with required and requested information;
(E)
failure to comply with contract
specifications ;
(F)
failure to maintain required
liability insurance;
(G)
failure to produce and provide
complete and correct inspection reports;
(H)
making fraudulent or misleading
advertising;
(I)
failure to comply with sections
of the Act or regulations an Administrative Penalty of $250 to $3000 per violation
may be assessed.
(3)
For violations with possible serious impact
to the public health and safety or to the environment, including, but not
limited to the following:
[
(A)
making a misrepresentation
or false statement to defraud or induce others to act to their damage;
(B)
making intentional misrepresentations
on any application;
(C)
failure to adequately supervise
employees;
(D)
engaging in practices injurious
to the public health and safety or to the environment;
(E)
performing work in an unlicensed
category;
(F)
making a pesticide application
inconsistent with the labeling;
(G)
failure to perform a proper
pretreatment or give the Board required notification thereof;
(H)
performing an improper structural
fumigation
(I)
engaging in the pest control
business without the required licenses;
(J)
failure to comply with the
terms of a consent agreement;
(K)
failure to comply with the
terms of a Board Order;
(L)
failure to obtain prior approval
of IPM Coordinator before using Red List Products;
(M)
failure to comply with sections
of the Act or regulations an Administrative Penalty of $500 to $5000 per violation
may be assessed.
(4)
The cost of the hearing will be added to
and made a part of the administrative penalty when the respondent has affirmatively
requested a hearing and fails to appear at the specified time and date of
the hearing. This provision does not apply if a continuance is granted or
the hearing is rescheduled and respondent subsequently appears at the hearing,
for any other reason.
[
(b)
Adjustment will be determined in the reduction or addition
to the base penalty as appropriate in four categories.
(1)
History of previous violations. Consideration will be
given to such items as length of time since violation has occurred and [
(2)
Amount necessary to deter future violations. Consideration
will be given to such items as documents provided, licenses surrendered, and
cooperative nature of persons charged.
(3)
Efforts to correct the violation. Consideration will
be given to such items as completeness of corrective effort and cooperation
to accomplish correction.
(4)
Other matters that justice may require. Consideration
will be given to such items as ability to pay, and events beyond the control
of the violator which caused the violation or affected the effort to correct
the violation.
[
The cost of the hearing
will be added to the administrative penalty when the respondent has affirmatively
requested a hearing and fails to appear at the specified time and date of
the hearing. This provision does not apply if a continuance is granted or
the hearing is rescheduled for any other reason.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
August 2, 1999.
TRD-9904736
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: August 19, 1999
For further information, please call: (512) 451-7200
Chapter 211.
General Provisions
Part XXIII.
Texas Real Estate Commission
electronic
]
medium is
also
considered acting within this state
if all
the prospective buyers, sellers, landlords, or tenants are legal residents
of this state, and the real property concerned is located wholly or in part
within this state.
(b)
] Unless otherwise exempted
by the Act, a person must be licensed as a real estate broker or salesperson
to show a broker's listings, solicit listings of real property perform any
act defined as that of a real estate broker by the Act. An unlicensed person
may be hired by a broker to act as a host or hostess at a property being offered
for sale by the broker, provided the unlicensed person engages in no activity
for which a license is required.
(c)
] The employees, agents or associates
of a licensed broker, including a corporation or limited liability company
licensed as a broker, must be licensed as real estate brokers or salespersons
if they direct or supervise other persons in the performance of acts for which
a license is required. A license is not required for the performance of secretarial,
clerical, or administrative tasks, such as training personnel, performing
duties generally associated with office administration and personnel matters.
Unlicensed employees, agents, or associates may not solicit business for the
broker or hold themselves out as authorized to act as real estate brokers
or salespersons.
(d)
] As used in this chapter, the
terms "property" and "real property" have the same meaning as "real estate"
as that term is defined in the Act.
Subchapter J. Fees
$28
] for annual
renewal of a real estate broker license;
$28
] for annual
renewal of a real estate salesperson license;
$25
] for an application
for a license examination;
Subchapter R. Licensed Real Estate Inspectors
$25
] for filing an
original application for a license as an apprentice inspector;
$35
] for filing
an original application for a license as a real estate inspector;
$50
] for filing
an original application for a license as a professional inspector;
$10
] for the annual
renewal of the license of an apprentice inspector;
$15
] for the annual
renewal of the license of a real estate inspector;
$15
] for the annual
renewal of the license of a professional inspector;
$25
] for taking
a license examination;
Chapter 537.
Professional Agreements and Standard Contracts
10-2
] is promulgated for use as an addendum concerning sale of other
property by a buyer to be attached to promulgated forms of contracts. Standard
Contract Form TREC No. 11-3 is promulgated for use as an addendum to be attached
to promulgated forms of contracts which are second or "back-up" contracts.
Standard Contract Form TREC No. 12-1 is promulgated for use as an addendum
to be attached to promulgated forms of contracts where there is a Veterans
Administration release of liability or restoration entitlement. Standard Contract
Form TREC No. 13-1 is promulgated for use as an addendum concerning new home
insulation to be attached to promulgated forms of contracts. Standard Contract
Form TREC No. 15-2 is promulgated for use as a residential lease when a seller
temporarily occupies property after closing. Standard Contract Form TREC No.
16-2 is promulgated for use as a residential lease when a buyer temporarily
occupies property prior to closing. Standard Contract Form 20-3 is promulgated
for use in the resale of residential real estate where there is all cash or
owner financing, an assumption of an existing loan, or a conventional loan.
Standard Contract Form TREC No. 21-3 is promulgated for use in the resale
of residential real estate where there is a Veterans Administration guaranteed
loan or a Federal Housing Administration insured loan. Standard Contract Form
TREC No. 23-2 is promulgated for use in the sale of a new home where construction
is incomplete. Standard Contract Form TREC No. 24-2 is promulgated for use
in the sale of a new home where construction is completed. Standard Contract
Form TREC No. 25-2 is promulgated for use in the sale of a farm or ranch.
Standard Contract Form TREC No. 26-2 is promulgated for use as an addendum
concerning seller financing. Standard Contract Form TREC No. 28-0 is promulgated
for use as an addendum to be attached to promulgated forms of contracts where
reports are to be obtained relating to environmental assessments, threatened
or endangered species, or wetlands. Standard Contract Form TREC No.
29-1
[
29- 0
] is promulgated for use as an addendum to be attached
to promulgated forms of contracts where an abstract of title is to be furnished.
Standard Contract Form TREC No.30-1 is promulgated for use in the resale of
a residential condominium unit where there is all cash or seller financing,
an assumption of an existing loan, or a conventional loan. Standard Contract
Form TREC No. 31-1 is promulgated for use in the resale of a residential condominium
unit where there is a Veterans Administration guaranteed loan or a Federal
Housing Administration insured loan. Standard Contract Form TREC No. 32-0
is promulgated for use as a condominium resale certificate. Standard Contract
Form TREC No. 33-0 is promulgated for use as an addendum to be added to promulgated
forms of contracts in the sale of property adjoining and sharing a common
boundary with the tidally influenced submerged lands of the state. Standard
Contract Form TREC Form No. 34-0 is promulgated for use as an addendum to
be added to promulgated forms of contracts in the sale of property located
seaward of the Gulf Intracoastal Waterway. Standard Contract Form TREC No.
35-1 is promulgated for use as an addendum to be added to promulgated forms
of contracts as an agreement for mediation. Standard Contract Form TREC Form
No.
36-1
[
36-0
] is promulgated for use as an addendum
to be added to promulgated forms in the sale of property subject to mandatory
membership in an owners' association. Standard Contract Form TREC Form No.
37-1
[
37-0
] is promulgated for use as a resale certificate
when the property is subject to mandatory membership in an owners' association.
Standard Contract Form TREC Form No. 38-0 is promulgated for use as a notice
of termination of contract. Standard Contract Form TREC Form No.
39-1
[
39-0
] is promulgated for use as an amendment to promulgated
forms of contracts.
shall
] not practice
law, offer, give nor attempt to give advice, directly or indirectly;
the licensee may
[
he shall
] not act as a public conveyancer
nor give advice or opinions as to the legal effect of any contracts or other
such instruments which may affect the title to real estate;
the licensee
may
[
he shall
] not give opinions concerning the status or
validity of title to real estate; and
the licensee may
[
he
shall
] not attempt to prevent nor in any manner whatsoever discourage
any principal to a real estate transaction from employing a lawyer. However,
nothing herein shall be deemed to limit the licensee's fiduciary obligation
to disclose to
the licensee's
[
his
] principals all pertinent
facts which are within the knowledge of the licensee, including such facts
which might affect the status of or title to real estate.
shall
] not undertake
to draw or prepare documents fixing and defining the legal rights of the principals
to a transaction. In negotiating real estate transactions, the licensee may
fill in forms for such transactions, using exclusively forms which have been
approved and promulgated by the Texas Real Estate Commission or such forms
as are otherwise permitted by these rules. When filling in such a form, the
licensee may only fill in the blanks provided and may not add to or strike
matter from such form, except that licensees shall add factual statements
and business details desired by the principals and shall strike only such
matter as is desired by the principals and as is necessary to conform the
instrument to the intent of the parties. A licensee
may
[
shall
] not add to a promulgated earnest money contract form factual
statements or business details for which a contract addendum, lease or other
form has been promulgated by the commission for mandatory use. Nothing herein
shall be deemed to prevent the licensee from explaining to the principals
the meaning of the factual statements and business details contained in the
said instrument so long as the licensee does not offer or give legal advice.
It is not the practice of law as defined in this Act for a real estate licensee
to complete a contract form which is either promulgated by the Texas Real
Estate Commission or prepared by the Texas Real Estate Broker-Lawyer Committee
and made available for trial use by licensees with the consent of the Texas
Real Estate Commission. Contract forms prepared by the Texas Real Estate Broker-Lawyer
Committee for trial use may be used on a voluntary basis after being approved
by the commission.
his
] choice before executing same.
shall
] not employ,
directly or indirectly, a lawyer nor pay for the services of a lawyer to represent
any principal to a real estate transaction in which [
he,
] the
licensee[
,
] is acting as an agent. The licensee may [
also
] employ and pay for the services of a lawyer to represent only the
licensee in a real estate transaction, including preparation of the contract,
agreement, or other legal instruments to be executed by the principals to
the transactions.
broker
] shall advise
the principals that the instrument they are about to execute is binding on
them.
shall
] be reproduced only from the following sources:
proofs
] obtained
from the commission
, whether in a printed format or electronically reproduced
from the files available on the commission's Internet site
;
proofs
] obtained from the commission;
proofs or
printed
] copies; or
proofs
] of
the particular form.
proofs
] of
the particular form.
proofs
] of the form.
proof
] of the form bearing a control number assigned by
the commission.
proof
] must appear on all forms reproduced from the
copy
[
proof
], including forms reproduced by computer-driven printers.
10-2 ].
10-2
] approved by the Texas Real
Estate Commission in
1999
[
1994
]. This document is published
by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin,
Texas 78711-2188.
29-0 ].
Form
] TREC
No.
[
Number
]
29-1
[
29-0
] approved by the Texas Real Estate Commission
in
1999
[
1993
]. This document is published by and available
from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
36-0 ].
Number
]
36-1
[
36-0
]
approved by the Texas Real Estate Commission in
1999
[
1995
]. This document is published by and available from the Texas Real Estate
Commission, P.O. Box 12188, Austin, Texas 78711-2188.
37-0 ].
Number
]
37-1
[
37-0
]
approved by the Texas Real Estate Commission in
1999
[
1995
]. This document is published by and available from the Texas Real Estate
Commission, P.O. Box 12188, Austin, Texas 78711-2188.
39-0 ].
39-0
] approved by the Texas Real
Estate Commission in
1999
[
1998
]. This document is published
by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin,
Texas 78711-2188.
Part XXV.
Structural Pest Control Board
.
] The violations
are not limited to the list and the base penalty may vary depending upon the
circumstances.
Minor violations such as incomplete records or no TPCL numbers on vehicles
may be assessed a penalty of $50 to $500 per violation.
]
Violations which do not present a hazard to the public health,
safety, welfare, or to the environment such as failure to honor contract or
failure to notify the board of an address where a licensee may be reached
may be assessed a penalty of $250 to $2,000 per violation.
]
Violations which present a minor hazard
to the public health, safety, welfare, or to the environment that may result
from actions such as failure to supervise employees or failure to maintain
proper insurance coverage may be assessed a penalty of $300 to $3,000 per
violation.
]
Violations which present a major hazard
to the public health, safety, welfare, or to the environment that may result
from actions such as use inconsistent with the label or intentional misrepresentation
may be assessed a penalty of $500 to $5,000 per violation
]
inconsistency of
] compliance history.
(5)
Chapter 593.
Licenses