Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 139.
ENFORCEMENT
Subchapter C. ENFORCEMENT PROCEEDINGS
22 TAC §139.35
The Texas Board of Professional Engineers proposes an amendment
to §139.35, relating to Sanctions and Penalties. The proposed amendment
will clarify the sanctions associated with rule modifications made to §137.57
and §137.63 by adding suggested sanctions for care and diligence and
misrepresentation by being misleading.
The proposed rule change adds a suggested sanction for failure to exercise
care and diligence in the practice of engineering and a suggested sanction
to the misrepresentation of issuing an oral or written assertion in the practice
of engineering that are misleading.
C.W. Clark, P.E., Director of Compliance and Enforcement for the board,
has determined that for the first five-year period the proposed amendment
is in effect there are no fiscal implications for the state or local government
as a result of enforcing or administering the section as amended. Mr. Clark
has determined that there is no additional cost to the agency or to licensees.
There is no effect to individuals required to comply with the amendment as
proposed. There is no effect to small or micro businesses.
Mr. Clark also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated is that a clarification
of the rule is made and recommended sanctions are clearly reflected for each
violation.
Comments may be submitted no later than 30 days after the publication of
this notice to C.W. Clark, P.E., Director of Compliance and Enforcement, Texas
Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or
faxed to his attention at (512) 440-5715.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§139.35.Sanctions and Penalties.
(a) (No change.)
(b) The following is a table of suggested sanctions the board
may impose against license holders for specific violations of the Act or board
rules:
(c) - (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 June 21, 2006.
TRD-200603388
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 440-7723
Chapter 533.
PRACTICE AND PROCEDURE
22 TAC §533.34, §533.35
The Texas Real Estate Commission (TREC) proposes amendments
to §533.34, concerning Disapproval of an Application for a License or
Registration and §533.35, concerning Revocation or Other Action against
a License or Registration. The amendment to §533.34 clarifies that notice
of disapproval will not be provided to a sponsoring broker of an applicant
for a salesperson license as such licenses are issued as inactive with no
sponsoring broker. The amendment to §533.35 clarifies that a hearing
concerning a revocation or other disciplinary action against a licensee will
be held at a time and place designated by the Commission except in cases involving
a violation of §1101.652(a)(3) or (b), Texas Occupations Code. In those
cases, the hearing shall be held pursuant to §1101.657(d) if the licensee
requests. The amendments are proposed in connection with TREC's on-going review
of its rules and are generally intended to update and to clarify the rules
to be consistent with Chapter 1101, Occupations Code, and recent revisions
thereto.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
the state as a result of enforcing or administering the amended sections.
There are no anticipated fiscal implications for units of local government.
There is no anticipated impact on small businesses, micro businesses or local
or state employment as a result of implementing the amended sections.
Ms. DeHay also has determined that for each year of the first five years
the amendments as proposed are in effect the public benefit anticipated as
a result of enforcing the amended sections will be consistency with the underlying
statutory authority for the rule. There is no anticipated economic cost to
persons who are required to comply with the proposed amendments.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purposed
and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by this proposal is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the proposed amendments.
§533.34.Disapproval of an Application for a License or Registration.
Notice and hearings relating to disapproval of an application for a
license or registration issued by the Texas Real Estate Commission are governed
by the statute under which the application was filed and by the Administrative
Procedure Act, Texas Government Code, §§2001.001 et seq. The commission
also will notify a [
§533.35.Revocation or Other Action against a License or Registration.
A license or registration issued by the Texas Real Estate Commission
may not be revoked or other action taken against the license or registration
except after notice and opportunity for hearing pursuant to statutory obligation
and these sections. If a real estate salesperson is a respondent, the commission
also will notify the salesperson's sponsoring broker of the hearing. If an
apprentice inspector or real estate inspector is a respondent, the commission
also will notify the sponsoring professional inspector of the hearing. The
hearing will be held at a time and place designated by the commission, except
as provided by §1101.657, Texas Occupations Code, for a violation of §1101.652(a)(3)
or (b) Pursuant to §1101.657,
[
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 June 20, 2006.
TRD-200603376
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 465-3900
Part 23.
TEXAS REAL ESTATE COMMISSION
sponsoring broker or
] sponsoring inspector
of the disapproval, but a sponsoring broker or sponsoring inspector is not
required to request a hearing or to be named or admitted as a party in the
proceeding before the commission. A hearing pursuant to this section will
be held at a place designated by the commission. Failure to request a hearing
timely waives the right to judicial appeal, and the determination becomes
final and unappealable.
that
] upon the written
request of a respondent licensed as a Texas real estate broker
or
[
,
] real estate salesperson[
, or inspector, or registered as an
easement or right-of-way agent,
] filed within five days after receipt
of the notice of hearing, the hearing will be held in the county where the
principal place of business of the respondent is maintained. If the respondent
is a licensee or registrant who does not reside within this state, the hearing
may be held in any county within this state.
Chapter 543.
RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT