Texas § GV.153.004 - DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW

§ GV.153.004. DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW

DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW; REPRIMAND; PROBATION. (a) The commission may deny, revoke, suspend, or refuse to renew a certification, registration, or license or may reprimand a regulated person for a violation of this subtitle, a law establishing a regulatory program administered by the commission, a rule adopted under this subtitle, or an order issued by the commission or director. (b) The commission shall determine the severity of an administrative sanction, including the length of the period of time a revocation, suspension, refusal to renew a certification, registration, or license, based upon: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (2) the threat to health or safety caused by the violation; (3) any previous violations; (4) the administrative sanction necessary to deter a future violation; (5) whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and (6) any other matter that justice may require. (c) The commission may place on probation a person whose certification, registration, or license is suspended. If a certification, registration, or license suspension is probated, the commission may require the person to: (1) report regularly to the commission on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the commission; or (3) continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis for the probation. (d) On the commission's motion, or on the recommendation of commission staff, the commission may conduct a hearing to inquire into a suspension. If the commission determines that a person has not corrected the deficiencies that were the grounds of the suspension or has not complied with the conditions imposed by the commission, the commission may revoke or take other disciplinary action against the person's certification, registration, or license. Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966 ), Sec. 1.01, eff. September 1, 2014. Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296 ), Sec. 21.001 (21), eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43 ), Sec. 12, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 1111 (S.B. 2106 ), Sec. 2, eff. September 1, 2023.