Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter C. EXAMINATION
22 TAC §1.43
The Texas Board of Architectural Examiners adopts an amendment
to §1.43 for Title 22, Chapter 1, Subchapter C, pertaining to examinations.
The amendment to §1.43 was published in the November 19, 2004, issue
of the
Texas Register
(29 TexReg 10675). It
is being adopted without changes and the text will not be republished.
The amendment to this rule will simplify it and make it less stringent
upon candidates seeking registration. The amendment will allow registration
candidates to maintain credit for passing a section of the registration examination
for five years after passing it.
Pursuant to the rule as amended, a person who passes a section of the registration
examination would be required to pass the remaining sections of the examination
within five years in order to be registered. A person who fails to pass the
remaining sections of the examination within that period would forfeit credit
for the section of examination passed and would have to pass that section
again in order to be registered. Under the rule as it existed prior to amendment,
an examinee was required to pass the examination within five years after she
or he had been approved by the Board for examination. Pursuant to the prior
version of the rule, a person who did not pass all sections of the examination
within five years after approval forfeited credit for all sections passed
and would have had to submit a new registration application for approval to
take the entire examination again.
The amendment also modifies the previous version of the rule as it applied
to persons who were approved to take the examination prior to January 1, 2002.
As amended, the rule retains the requirement that applicants approved before
January 1, 2002, must pass all sections of the examination by December 31,
2006. However, failure to meet that deadline will result in the forfeiture
of only those sections of the examination passed prior to January 1, 2002,
not forfeiture of all sections passed, as previously required under the rule.
The amendment makes the rule less stringent in that the five-year period
commences at a later date - upon passage of a section of the examination in
lieu of upon approval to take the examination. The consequences of failing
to pass all sections of the examination within the five-year period will also
be less severe. Failure to meet the deadline will result in the forfeiture
of the credit for only those examination sections passed on or before the
commencement of the five-year period. In addition, the amendment repeals a
provision that required candidates to submit another registration application
upon failing to meet the five-year deadline.
The agency received no public comment about the proposal to amend §1.43.
The amendment is adopted pursuant to Section 1051.202 of Tex.
Occupations Code Annotated ch. 1051, which provides the Board with general
authority to promulgate rules necessary to the administration of its statutory
responsibilities. The amendment is also adopted pursuant to Section 1051.704(1)
of Tex. Occupations Code Annotated ch. 1051, which requires the Board to examine
each applicant for registration on any architectural subject or procedure
the Board requires.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2005.
TRD-200500843
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 16, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 305-8535
22 TAC §1.234
The Texas Board of Architectural Examiners adopts new §1.234
for Title 22, Chapter 1, Subchapter L pertaining to the suspension of registration
as a disciplinary action by the Board. The proposal to adopt new §1.234
was published in the November 19, 2004, issue of the
Texas Register
(29 TexReg 10676). The new rule is being adopted with
changes to the proposed version.
The new rule provides guidance to the Board and to administrative law judges
when considering whether the probation of a registrant's registration should
be active or probated. The rule specifies the possible terms and conditions
upon practice that may be imposed as a part of probated suspension of registration.
The rule supports the imposition of consistent disciplinary action upon registrants.
The Board amended the rule as proposed. The amendment alters one of the
criteria for imposing an active, in lieu of a probated, suspension upon a
respondent. As proposed, the rule required an active suspension upon a finding
that the respondent's violation of a law or a board rule caused a serious
threat to the health or safety of the public. As amended, the adopted version
of the rule requires the imposition of an active suspension upon a finding
that the respondent's violation of the law demonstrated gross negligence,
recklessness, or the conduct posed a serious threat to the health or safety
of the public.
Under the new rule, active suspension, prohibiting practice, is imposed
for violations that: demonstrated gross negligence, recklessness, or posed
a serious threat to the public health and safety; caused damage to property
in excess of $1,000; resulted in a violation of the terms and conditions of
a probated suspension; were committed by one with a significant sanction history;
or would likely engage in a practice not in compliance with standards normally
followed by reasonably prudent registrants.
Probated suspension of registration is applicable to other less serious
violations. The rule lists the following terms and conditions that may be
imposed to restrict the practice of one whose registration is under a probated
suspension: monitoring of practice by mandatory reporting or impromptu visits,
directed continuing education, limitations on the scope of practice, required
supervision and control of practice by another registrant, and successful
completion of a rehabilitation program for the treatment of substance abuse.
The rule also specifies disciplinary action that may be taken against a
person who practices with an actively suspended registration or who violates
the terms and conditions of a probated suspension of registration. The disciplinary
action that may be taken for such a violation is prolonged suspension, a more
restricted probated suspension, an administrative penalty, or revocation.
As a result of this new rule, the Board and administrative law judges have
the guidelines to impose terms and conditions of the suspension of registration
that are appropriate under the facts and circumstances of each case. The new
rule also supports the imposition of the suspension of registration in a manner
that is consistent in similar cases.
The agency received one comment concerning the new rule: The commenter
suggested modifying one of the criteria for imposing an active suspension
upon a respondent. As proposed, the rule would require active suspension upon
a finding that the respondent would likely engage in the practice of architecture
in a manner that does not comply with a standard of practice normally followed
by a reasonably prudent architect under the same or similar circumstances.
The commenter recommended changing that standard to compliance with the standards
of practice of a reasonably prudent design professional. The commenter noted
that in the context of a civil action, an architect's conduct is measured
against the standard those with some expertise in fire safety codes, including
engineers involved in the development of fire safety standards. The board
declined making the proposed revision. The underlying rules enforced by the
board hold architects to the objective standard of a reasonably prudent architect.
The board concluded that a different, and somewhat less specific, standard
applied in a rule addressing the imposition of a sanction for violation of
the underlying rules would be inconsistent and may create confusion. Furthermore,
the standards applied in the regulatory context are not necessarily the same
as those applied in civil actions.
The new rule is adopted pursuant to Section 1051.202 of Tex.
Occupations Code Annotated ch. 1051, which provides the Board with general
authority to promulgate rules necessary to the administration of its statutory
responsibilities. The new rule is also adopted pursuant to Section 1051.501
of Tex. Occupations Code Annotated ch. 1051 which grants the Board authority
to take enforcement action against a person who violates the laws enforced
by the Board. The new rule is also adopted pursuant to Section 1051.751 of
Tex. Occupations Code Annotated ch. 1051, which authorizes the Board to suspend
registration as a disciplinary action and specifies the terms and conditions
that may be imposed upon a probated suspension.
§1.234.Suspension of Registration.
(a)
If suspension of a person's registration is the appropriate
sanction for a violation of a statutory provision or rule enforced by the
Board, the Board and the administrative law judge shall apply the following
guidelines to determine whether the suspension will be active or probated:
(1)
The Board and the administrative law judge shall impose
an active suspension upon a finding that the respondent:
(A)
violated a statutory provision or rule enforced by the
Board that demonstrated gross negligence or recklessness, or the conduct posed
a serious threat to the health or safety of the public;
(B)
violated a statutory provision or rule enforced by the
Board which caused economic damage to property in excess of $1,000;
(C)
committed a violation of a statutory provision or rule
enforced by the Board while the respondent's registration was on probated
suspension;
(D)
has a sanction history including at least two findings
by the Board that the respondent engaged in conduct for which the respondent's
registration could have been suspended or revoked pursuant to Section 1.232;
or
(E)
would likely engage in the practice of Architecture in
a manner that does not comply with a standard or practice normally followed
by a reasonably prudent Architect under the same or similar circumstances.
(2)
In any case in which active suspension is not warranted,
the suspension imposed by the Board shall be probated.
(b)
A person whose registration is under active suspension
may not engage in the Practice of Architecture. A person whose registration
is under active suspension may not Supervise and Control or have Responsible
Charge over the Practice of Architecture by another.
(c)
The Board may impose any of the following terms and conditions
upon the practice of a person whose registration is subject to a probated
suspension:
(1)
monitoring of practice, including mandatory submission
of information to the Board and random and unannounced visits by personnel
of the Board to investigate compliance with the terms of the probated suspension;
(2)
directed continuing education on applicable subjects, including
ethics training, in excess of the continuing education requirements applicable
to all Registrants;
(3)
limitations on scope of practice;
(4)
mandatory Supervision and Control of practice by another
registered Architect; and
(5)
successful completion of a rehabilitation program pursuant
to Section 1.150.
(d)
If a person violates the terms of a probated suspension
of registration, the Board may:
(1)
prolong the period of probated suspension;
(2)
impose an active suspension of registration; or
(3)
impose additional terms and conditions upon the probated
suspension.
(e)
If a person engages in the Practice of Architecture while
the person's registration is subject to an active suspension, the Board may
impose any or all of the following:
(1)
issue an order restraining any further practice by the
person;
(2)
impose an administrative penalty;
(3)
impose an additional period of suspension; or
(4)
revoke the person's certificate of registration.
(f)
In addition to fulfilling the terms and conditions of a
probated or active suspension of registration, a person must fulfill the requirements
of Section 1.178 in order to obtain reinstatement of the person's suspended
certificate of registration.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2005.
TRD-200500844
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 16, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 305-8535
Subchapter C. EXAMINATION
22 TAC §3.43
The Texas Board of Architectural Examiners adopts an amendment
to §3.43 for Title 22, Chapter 3, Subchapter C, pertaining to examinations.
The amendment to §3.43 was published in the November 19, 2004, issue
of the
Texas Register
(29 TexReg 10677). It
is being adopted without changes and the text will not be republished.
The amendment to this rule will simplify it and make it less stringent
upon candidates seeking registration. The amendment will allow registration
candidates to maintain credit for passing a section of the registration examination
for five years after passing it.
Pursuant to the rule as amended, a person who passes a section of the registration
examination will be required to pass the remaining sections of the examination
within five years in order to be registered. A person who fails to pass the
remaining sections of the examination within that period will forfeit credit
for the section of examination passed and must pass that section again in
order to be registered. Under the rule as it previously existed, a person
was required to pass the examination within five years after she or he had
been approved by the Board for examination. Pursuant to the previous version
of the rule, a person who did not pass all sections of the examination within
five years after approval forfeited credit for all sections passed and would
have had to submit a new registration application for approval to take the
entire examination again.
The amendment also modifies the rule as it applied to persons who were
approved to take the examination prior to January 1, 2002. As amended, the
rule retains the requirement that applicants approved before January 1, 2002,
must pass all sections of the examination by December 31, 2006. However, failure
to meet that deadline will result in the forfeiture of only those sections
of the examination passed prior to January 1, 2002, not forfeiture of all
sections passed, as required under the prior version of the rule.
The amendment makes the rule less stringent in that the five-year period
will commence at a later date - upon passage of a section of the examination
in lieu of upon approval to take the examination. The consequences of failing
to pass all sections of the examination within the five-year period will also
be less severe. Failure to meet the deadline will result in the forfeiture
of the credit for only those examination sections passed on or before the
commencement of the five-year period. In addition, the amendment repeals a
provision requiring candidates to submit another registration application
upon failing to meet the five-year deadline.
The agency received no public comment about the proposal to amend §3.43.
The amendment is adopted pursuant to Section 1051.202 of Tex.
Occupations Code Annotated ch.1051, which provides the Board with general
authority to promulgate rules necessary to the administration of its statutory
responsibilities. The amendment is also adopted pursuant to Section 1052.153(b)
of Tex. Occupations Code Annotated ch. 1052, which requires the Board to prescribe
the scope of the examination and the methods of procedure that will ensure
the safety of the public welfare and property rights.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2005.
TRD-200500845
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 16, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 305-8535
22 TAC §3.234
The Texas Board of Architectural Examiners adopts new §3.234
for Title 22, Chapter 3, Subchapter K pertaining to the suspension of registration
as a disciplinary action by the Board. The proposal to adopt new §3.234
was published in the November 19, 2004, issue of the
Texas Register
(29 TexReg 10678). The new rule is being adopted with
changes to the proposed version.
The new rule provides guidance to the Board and to administrative law judges
when considering whether the probation of a registrant’s registration
should be active or probated. The rule specifies the possible terms and conditions
to practice that may be imposed as a part of probated suspension of registration.
The rule supports the imposition of consistent disciplinary action upon registrants.
The Board amended the rule as proposed. The amendment alters one of the
criteria for imposing an active, in lieu of a probated, suspension upon a
respondent. As proposed, the rule required an active suspension upon a finding
that the respondent’s violation of a law or a board rule caused a serious
threat to the health or safety of the public. As amended, the adopted version
of the rule requires the imposition of an active suspension upon a finding
that the respondent’s violation of the law demonstrated gross negligence,
recklessness, or the conduct posed a serious threat to the health or safety
of the public.
Under the new rule, active suspension, prohibiting practice, will be imposed
for violations that: demonstrated gross negligence, recklessness, or posed
a serious threat to the public health and safety; caused damage to property
in excess of $1,000; resulted in a violation of the terms and conditions of
a probated suspension; were committed by one with a significant sanction history;
or would likely engage in a practice not in compliance with standards normally
followed by reasonably prudent registrants.
Probated suspension of registration will be applicable to other less serious
violations. The rule lists the following terms and conditions that may be
imposed to restrict the practice of one whose registration is under a probated
suspension: monitoring of practice by mandatory reporting or impromptu visits,
directed continuing education, limitations on the scope of practice, required
supervision and control of practice by another registrant, and successful
completion of a rehabilitation program for the treatment of substance abuse.
The rule specifies disciplinary action that may be taken against a person
who practices with an actively suspended registration or who violates the
terms and conditions of a probated suspension of registration. The disciplinary
action that may be taken for such a violation is prolonged suspension, a more
restricted probated suspension, an administrative penalty, or revocation.
As a result of this new rule, the Board and administrative law judges have
guidelines to impose terms and conditions of the suspension of registration
that are appropriate under the facts and circumstances of each case. The new
rule supports the imposition of the suspension of registration in a manner
that is consistent in similar cases.
The agency received no comments concerning the new rule.
The new rule is adopted pursuant to Section 1051.202 of Tex.
Occupations Code Annotated ch. 1051, which provides the Board with general
authority to promulgate rules necessary to the administration of its statutory
responsibilities. The rule is also adopted pursuant to Section 1051.501 of
Tex. Occupations Code Annotated ch. 1051 which grants the Board authority
to take enforcement action against a person who violates the laws enforced
by the Board. The new rule is also adopted pursuant to Section 1052.251 of
Tex. Occupations Code Annotated ch. 1052, which authorizes the Board to suspend
registration as a disciplinary action and specifies the terms and conditions
that may be imposed upon a probated suspension. The proposed new rule does
not affect any other statutes.
§3.234.Suspension of Registration.
(a)
If suspension of a person’s registration is the appropriate
sanction for a violation of a statutory provision or rule enforced by the
Board, the Board and the administrative law judge shall apply the following
guidelines to determine whether the suspension will be active or probated:
(1)
The Board and the administrative law judge shall impose
an active suspension upon a finding that the respondent:
(A)
violated a statutory provision or rule enforced by the
Board that demonstrated gross negligence or recklessness, or the conduct posed
a serious threat to the health or safety of the public;
(B)
violated a statutory provision or rule enforced by the
Board which caused economic damage to property in excess of $1,000;
(C)
committed a violation of a statutory provision or rule
enforced by the Board while the respondent’s registration was on probated
suspension;
(D)
has a sanction history including at least two findings
by the Board that the respondent engaged in conduct for which the respondent’s
registration could have been suspended or revoked pursuant to Section 3.232;
or
(E)
would likely engage in the practice of Landscape Architecture
in a manner that does not comply with a standard or practice normally followed
by a reasonably prudent Landscape Architect under the same or similar circumstances.
(2)
In any case in which active suspension is not warranted,
the suspension imposed by the Board shall be probated.
(b)
A person whose registration is under active suspension
may not engage in the Practice of Landscape Architecture. A person whose registration
is under active suspension may not Supervise and Control or have Responsible
Charge over the Practice of Landscape Architecture by another.
(c)
The Board may impose any of the following terms and conditions
upon the practice of a person whose registration is subject to a probated
suspension:
(1)
monitoring of practice, including mandatory submission
of information to the Board and random and unannounced visits by personnel
of the Board to investigate compliance with the terms of the probated suspension;
(2)
directed continuing education on applicable subjects, including
ethics training, in excess of the continuing education requirements applicable
to all Registrants;
(3)
limitations on scope of practice;
(4)
mandatory Supervision and Control of practice by another
registered Landscape Architect; and
(5)
successful completion of a rehabilitation program pursuant
to Section 3.150.
(d)
If a person violates the terms of a probated suspension
of registration, the Board may:
(1)
prolong the period of probated suspension;
(2)
impose an active suspension of registration; or
(3)
impose additional terms and conditions upon the probated
suspension.
(e)
If a person engages in the Practice of Landscape Architecture
while the person’s registration is subject to an active suspension,
the Board may impose any or all of the following:
(1)
issue an order restraining any further practice by the
person;
(2)
impose an administrative penalty;
(3)
impose an additional period of suspension; or
(4)
revoke the person’s certificate of registration.
(f)
In addition to fulfilling the terms and conditions of a
probated or active suspension of registration, a person must fulfill the requirements
of Section 3.178 in order to obtain reinstatement of the person’s suspended
certificate of registration.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2005.
TRD-200500847
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 16, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 305-8535
Subchapter C. EXAMINATION
22 TAC §5.53
The Texas Board of Architectural Examiners adopts an amendment
to §5.53 for Title 22, Chapter 5, Subchapter C, pertaining to examinations.
The amendment to §5.53 was published in the November 19, 2004, issue
of the
Texas Register
(29 TexReg 10680). It
is being adopted without changes and the text will not be republished.
The amendment to this rule will simplify it and make it less stringent
upon candidates seeking registration. The amendment will allow registration
candidates to maintain credit for passing a section of the registration examination
for five years after passing it.
Pursuant to the rule as amended, a person who passes a section of the registration
examination will be required to pass the remaining sections of the examination
within five years in order to be registered. A person who fails to pass the
remaining sections of the examination within that period will forfeit credit
for the section of examination passed and must pass that section again in
order to be registered. Under the rule as it previously existed, a person
was required to pass the examination within five years after she or he had
been approved by the Board for examination. Pursuant to the that rule, a person
who did not pass all sections of the examination within five years after approval
forfeited credit for all sections passed and would have had to submit a new
registration application for approval to take the entire examination again.
The amendment also modifies the rule as it applies to persons who were
approved to take the examination prior to January 1, 2002. As amended, the
rule retains the requirement that applicants approved before January 1, 2002,
must pass all sections of the examination by December 31, 2006. However, failure
to meet that deadline will result in the forfeiture of only those sections
of the examination passed prior to January 1, 2002, not forfeiture of all
sections passed, as previously required under the rule.
The amendment makes the rule less stringent in that the five-year period
will commence at a later date - upon passage of a section of the examination
in lieu of upon approval to take the examination. The consequences of failing
to pass all sections of the examination within the five-year period will also
be less severe. Failure to meet the deadline results in the forfeiture of
the credit for only those examination sections passed on or before the commencement
of the five-year period. In addition, the amendment repeals a provision requiring
candidates to submit another registration application upon failing to meet
the five-year deadline.
The agency received no public comment about the proposal to amend §5.53.
The amendment is adopted pursuant to Section 1051.202 of Tex.
Occupations Code Annotated ch. 1051, which provides the Board with general
authority to promulgate rules necessary to the administration of its statutory
responsibilities. The amendment is also proposed pursuant to Section 1053.152
of Tex. Occupations Code Annotated ch. 1053 which requires the Board to establish
the qualifications for the issuance of a certificate of registration and specifies
passing a registration examination as a qualification for issuance of a certificate
of registration.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2005.
TRD-200500846
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 16, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 305-8535
22 TAC §5.244
The Texas Board of Architectural Examiners adopts new §5.244
for Title 22, Chapter 5, Subchapter K pertaining to the suspension of registration
as a disciplinary action by the Board. The proposal to adopt new §5.244
was published in the November 19, 2004, issue of the
Texas Register
(29 TexReg 10681). The new rule is being adopted with
changes to the proposed version.
The new rule provides guidance to the Board and to administrative law judges
when considering whether the probation of a registrant’s registration
should be active or probated. The rule specifies the possible terms and conditions
to practice that may be imposed as a part of probated suspension of registration.
The rule supports the imposition of consistent disciplinary action upon registrants.
The Board amended the rule as proposed. The amendment alters one of the
criteria for imposing an active, in lieu of a probated, suspension upon a
respondent. As proposed, the rule required an active suspension upon a finding
that the respondent’s violation of a law or a board rule caused a serious
threat to the health or safety of the public. As amended, the adopted version
of the rule requires the imposition of an active suspension upon a finding
that the respondent’s violation of the law demonstrated gross negligence,
recklessness, or the conduct posed a serious threat to the health or safety
of the public.
Under the rule, active suspension, prohibiting practice, is imposed for
violations that: demonstrated gross negligence, recklessness, or posed a serious
threat to the public health and safety; caused damage to property in excess
of $1,000; resulted in a violation of the terms and conditions of a probated
suspension; were committed by one with a significant sanction history; or
would likely engage in a practice not in compliance with standards normally
followed by reasonably prudent registrants.
Probated suspension of registration is applicable to other less serious
violations. The rule lists the following terms and conditions that may be
imposed to restrict the practice of one whose registration is under a probated
suspension: monitoring of practice by mandatory reporting or impromptu visits,
directed continuing education, limitations on the scope of practice, required
supervision and control of practice by another registrant, and successful
completion of a rehabilitation program for the treatment of substance abuse.
The rule specifies disciplinary action that may be taken against a person
who practices with an actively suspended registration or who violates the
terms and conditions of a probated suspension of registration. The disciplinary
action that may be taken for such a violation is prolonged suspension, a more
restricted probated suspension, an administrative penalty, or revocation.
As a result of this new rule, the Board and administrative law judges have
guidelines to impose terms and conditions of the suspension of registration
that are appropriate under the facts and circumstances of each case. The new
rule supports the imposition of the suspension of registration in a manner
that is consistent in similar cases.
The agency received no comments concerning the new rule.
The new rule is adopted pursuant to Section 1051.202 of Tex.
Occupations Code Annotated ch. 1051, which provides the Board with general
authority to promulgate rules necessary to the administration of its statutory
responsibilities. The new rule is also adopted pursuant to Section 1051.501
of Tex. Occupations Code Annotated ch. 1051 which grants the Board authority
to take enforcement action against a person who violates the laws enforced
by the Board. The new rule is also adopted pursuant to Section 1053.251 of
Tex. Occupations Code Annotated ch. 1053, which authorizes the Board to suspend
registration as a disciplinary action and specifies the terms and conditions
that may be imposed upon a probated suspension.
§5.244.Suspension of Registration.
(a)
If suspension of a person’s registration is the appropriate
sanction for a violation of a statutory provision or rule enforced by the
Board, the Board and the administrative law judge shall apply the following
guidelines to determine whether the suspension will be active or probated:
(1)
The Board and the administrative law judge shall impose
an active suspension upon a finding that the respondent:
(A)
violated a statutory provision or rule enforced by the
Board that demonstrated gross negligence or recklessness, or the conduct posed
a serious threat to the health or safety of the public;
(B)
violated a statutory provision or rule enforced by the
Board which caused economic damage to property in excess of $1,000;
(C)
committed a violation of a statutory provision or rule
enforced by the Board while the respondent’s registration was on probated
suspension;
(D)
has a sanction history including at least two findings
by the Board that the respondent engaged in conduct for which the respondent’s
registration could have been suspended or revoked pursuant to Section 5.242;
or
(E)
would likely engage in the practice of Interior Design
in a manner that does not comply with a standard or practice normally followed
by a reasonably prudent Interior Designer under the same or similar circumstances.
(2)
In any case in which active suspension is not warranted,
the suspension imposed by the Board shall be probated.
(b)
A person whose registration is under active suspension
may not engage in the Practice of Interior Design. A person whose registration
is under active suspension may not Supervise and Control or have Responsible
Charge over the Practice of Interior Design by another.
(c)
The Board may impose any of the following terms and conditions
upon the practice of a person whose registration is subject to a probated
suspension:
(1)
monitoring of practice, including mandatory submission
of information to the Board and random and unannounced visits by personnel
of the Board to investigate compliance with the terms of the probated suspension;
(2)
directed continuing education on applicable subjects, including
ethics training, in excess of the continuing education requirements applicable
to all Registrants;
(3)
limitations on scope of practice;
(4)
mandatory Supervision and Control of practice by another
registered Interior Designer; and
(5)
successful completion of a rehabilitation program pursuant
to section 5.159.
(d)
If a person violates the terms of a probated suspension
of registration, the Board may:
(1)
prolong the period of probated suspension;
(2)
impose an active suspension of registration; or
(3)
impose additional terms and conditions upon the probated
suspension.
(e)
If a person engages in the Practice of Interior Design
while the person’s registration is subject to an active suspension,
the Board may impose any or all of the following:
(1)
issue an order restraining any further practice by the
person;
(2)
impose an administrative penalty;
(3)
impose an additional period of suspension; or
(4)
revoke the person’s certificate of registration.
(f)
In addition to fulfilling the terms and conditions of a
probated or active suspension of registration, a person must fulfill the requirements
of Section 5.188 in order to obtain reinstatement of the person’s suspended
certificate of registration.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2005.
TRD-200500848
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 16, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 305-8535
Chapter 463.
APPLICATIONS AND EXAMINATIONS
Subchapter L. HEARINGS--CONTESTED CASES
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter K. HEARINGS--CONTESTED CASES
Chapter 5.
INTERIOR DESIGNERS
Subchapter K. HEARINGS--CONTESTED CASES
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS