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TITLE 22EXAMINING BOARDS
PART 1TEXAS BOARD OF ARCHITECTURAL EXAMINERS
CHAPTER 5REGISTERED INTERIOR DESIGNERS
SUBCHAPTER IDISCIPLINARY ACTION
RULE §5.187Administrative Penalty Schedule

If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty:

  (1) The Board shall consider the following factors to determine whether the violation is minor, moderate, or major:

    (A) Seriousness of misconduct and efforts to correct the ground for sanction:

      (i) Minor--the respondent has demonstrated that he/she was unaware that his/her conduct was prohibited and unaware that the conduct was reasonably likely to cause the harm that resulted from the conduct or the respondent has demonstrated that there were significant extenuating circumstances or intervening causes for the violation; and the respondent has demonstrated that he/she provided a satisfactory remedy that alleviated or eliminated any harm or threat to the health or safety of the public.

      (ii) Moderate--the violation shows that the respondent knowingly disregarded a standard or practice normally followed by a reasonably prudent person under the same or similar circumstances. A violation of a Board order shall constitute, at a minimum, a moderate violation.

      (iii) Major--the conduct demonstrates gross negligence or recklessness or resulted in a threat to the health or safety of the public and the respondent, after being notified of the alleged violation intentionally refused or failed to take prompt and remedial action.

    (B) Economic harm:

      (i) Minor--there was no apparent economic damage to property or monetary loss to the project owner or other involved persons and entities.

      (ii) Moderate--economic damage to property or monetary harm to other persons or entities did not exceed $1,000, or damage exceeding $1,000 was reasonably unforeseeable.

      (iii) Major--economic damage to property or economic injury to other persons or entities exceeded $1,000.

    (C) Sanction history:

      (i) Minor--the respondent has not previously received a written warning, advisory notice or been subject to other enforcement proceedings from the Board.

      (ii) Moderate--the respondent was previously subject to an order of the Board or other enforcement proceedings which resulted in a finding of a violation of the laws or rules over which the TBAE has jurisdiction.

      (iii) Major--the respondent has received at least two prior written notices or has been subject to two disciplinary actions for violation of the rules and laws over which the TBAE has jurisdiction.

  (2) After determining whether the violation is minor, moderate, or major, the Board shall impose an administrative penalty as follows:

    (A) Minor violations--if the violation is minor in every category described in paragraph (1) of this section, an administrative penalty of not more than $500 shall be imposed.

    (B) Moderate violations--if the violation is moderate in any category described in paragraph (1) of this section, an administrative penalty of not more than $2,000 shall be imposed.

    (C) Major violations--if the violation is major in any category described in paragraph (1) of this section or if the Board determines that the facts of the case indicate a higher penalty is necessary in order to deter similar misconduct in the future, an administrative penalty of not more than $5,000 shall be imposed.

    (D) Because of the threat to human health, safety and well-being which necessarily arises from a Nonregistrant representing himself or herself to be registered as a Registered Interior Designer the Board possesses a compelling interest in ensuring that only those persons who are permitted by statute and rule to use the title "registered interior designer" do so. If the evidence establishes that a person not registered as a Registered Interior Designer has represented himself or herself as a registrant, the violation shall be classified as a major violation and each sheet of Interior Design plans or separate section of the specifications shall be considered a separate violation for purposes of calculating and imposing administrative penalties.

    (E) The agency is responsible for protecting the public's health, safety and welfare by interpreting and enforcing the Interior Designers' Registration Law. In fulfilling this statutory duty the Board depends upon, and expects, that Registrants, Candidates and Applicants will provide complete, truthful and accurate information to the Board upon request. This prompt and accurate provision of information is essential to protecting the public's health, safety and welfare.

    (F) A Registered Interior Designer, a Candidate, or an Applicant who fails, without good cause, to provide information to the Board under §5.181 of this subchapter (relating to Responding to Request for Information) is presumed to be interfering with and preventing the Board from fulfilling its responsibilities. For these reasons a violation of §5.181 of this subchapter shall be considered a moderate violation if a complete response is not received within 30 days after the violation. Any further delay constitutes a major violation. Each 15 day delay thereafter shall be considered a separate violation of these rules.

  (3) In order to determine the appropriate amount in a penalty range described in paragraph (2) of this section, the Board shall consider the factors described in paragraph (1) of this section.

  (4) If the facts of a case are unique or unusual, the Board may suspend the guidelines described in this section.


Source Note: The provisions of this §5.187 adopted to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7080; amended to be effective June 13, 2010, 35 TexReg 4712; amended to be effective March 3, 2013, 38 TexReg 1185

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