(a) After notice and an opportunity for a hearing under Rule 5.10, the Commission may deny, suspend, refuse to renew, or revoke certification, provisional certification, or guardianship program registration; issue a reprimand; or impose an administrative penalty or other disciplinary action, if the applicant, certified guardian, provisionally certified guardian, or registered guardianship program has: (1) failed to comply with any rule applicable to certified guardians or provisionally certified guardians, or registered guardianship programs, respectively;(2) failed to comply with any of the Code of Ethics and Minimum Standards for Guardianship Services;(3) failed to pay any applicable fee established by the Commission;(4) failed to meet the requirements for certification, provisional certification, registration, or renewal established by the Commission;(5) falsely represented or misstated any material fact to the Commission;(6) been adjudged guilty of or entered a plea of guilty or no contest in return for a grant of deferred adjudication to any felony or misdemeanor offense, and the factors listed in Rule 3.5 weigh in favor of disciplinary action;(7) been found civilly liable or settled a claim in an action, including but not limited to a surcharge action, that involved fraud, misrepresentation, material omission, misappropriation, theft, assault, battery, abuse, neglect, breach of trust, breach of fiduciary duty, or conversion;(8) been relieved of responsibilities as a guardian or fiduciary by a court, employer, or client for actions involving fraud, moral turpitude, misrepresentation, material omission, misappropriation, theft, assault, battery, abuse, neglect, breach of trust, breach of fiduciary duty, or conversion;(9) been found liable in a subrogation action by an insurance or bonding agent or in a subrogation action brought by an interested party;(10) failed to notify the Commission of a violation of any of the provisions set forth in Rule 7.2(b)(6)-(7); or(11) engaged in conduct that poses a substantial threat to the well-being of a ward or the ward's estate.(b) The Commission may suspend or revoke certification, provisional certification, or registration, if it was granted:(1) contrary to these rules and the requirements for certification or provisional certification, or registration; or(2) to an individual or program, if applicable, which is not eligible to acquire a certificate, provisional certificate, or registration certificate or has made any false representations or misstatement of material fact to the Commission.(c) If the respondent in a complaint or enforcement proceeding is a provisionally certified guardian, all notices sent to the respondent under Rule 5.10 will be copied to his or her designated certified guardian supervisor.Tex. R. Judi. Cert. Commi. 7.6
Amended effective 4/12/2018 immediately.