16 Tex. Admin. Code § 59.90

Current through Register Vol. 49, No. 48, November 29, 2024

Section 59.90 - Sanctions - Administrative Sanctions and Penalties

(a) If a person violates any provision of this chapter, or any provision of a statute or rule administered by the department, or a commission or executive director order, the department may assess administrative penalties pursuant to Texas Occupations Code, § RSA 51.301 and § RSA 51.302 or administrative sanctions pursuant to Texas Occupations Code, § RSA 51.353.

(b) Any of the following actions by a person is a violation of this chapter and may result in the assessment of administrative penalties or administrative sanctions against the person:

(1) Changing a program teaching method or course content without the approval of the department;

(2) Issuing a certificate of completion to an individual who did not complete the approved course;

(3) Refusing to issue a certificate of completion to an individual who has satisfactorily completed an approved course;

(4) Fraud or misrepresentation in an application process for provider registration or course approval;

(5) Fraud or misrepresentation regarding maintenance of records, teaching method, program content, or issuance of certificates;

(6) Failing to cooperate with the department in an investigation or audit; or

(7) Failing to pay the department all required fees, including record fees, or administrative penalties.

(c) An order of suspension issued under this section may be probated upon reasonable terms and conditions as determined by the commission or executive director.

(d) A person will have an opportunity for an administrative hearing pursuant to the provisions of Chapter 2001, Government Code if the department proposes to assess any administrative penalties or sanctions.

16 Tex. Admin. Code § 59.90

The provisions of this §59.90 adopted to be effective November 24, 2004, 29 TexReg 10765; Amended by Texas Register, Volume 41, Number 38, September 16, 2016, TexReg 7257, eff. 10/1/2016