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RULE §3.173Violation By One Not a Landscape Architect

(a) A person who is not a Landscape Architect who violates any of the laws or rules over which the Board has jurisdiction is subject to any or all of the following:

  (1) judicial proceedings for injunctive relief;

  (2) criminal prosecution in a court of appropriate jurisdiction;

  (3) imposition of an administrative penalty;

  (4) issuance of a cease and desist Order from the Board.

(b) In taking action against a person who is not a Landscape Architect, the Board may be represented by agency staff, the Texas Attorney General, by a county or district attorney, or by other counsel as necessary.

(c) The Executive Director may recommend and the Board may, after notice and an opportunity for hearing, impose an administrative penalty in the manner prescribed in Subchapter I of the Architects' Practice Act and otherwise as permitted by law and Board rules.

(d) A person charged with a violation may request a hearing to contest a proposed administrative penalty that has been recommended by the Executive Director:

  (1) A request for a hearing must be received in the Board's office no later than the 20th day after the date the person receives notice that the Executive Director has recommended the imposition of an administrative penalty.

  (2) The hearing shall be conducted by an Administrative Law Judge at the State Office of Administrative Hearings under provision of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001, and this subchapter.

(e) If a person charged with a violation agrees to a proposed administrative penalty recommended by the Executive Director, the Board may approve the Executive Director's recommendation and order payment of the proposed penalty without a hearing.

(f) Within thirty (30) days after the date on which the Board's Order imposing an administrative penalty or taking other final agency action in a contested case proceeding becomes final, the person charged must pay the administrative penalty and otherwise ensure compliance with the terms set forth in the Board's Final Order or file a petition for judicial review with a district court in Travis County as provided by Subchapter G, Chapter 2001, Texas Government Code.

(g) If the Executive Director determines that a Nonregistrant is violating, or has violated, a statutory provision or rule enforced by the Board, the Executive Director may:

  (1) issue to the Nonregistrant a written notice describing the alleged violation and the Executive Director's intention to request that the Board impose administrative penalties and issue a cease and desist order. The written notice shall offer the Nonregistrant an opportunity to resolve all matters contained in the written notice by means of an agreed order or other instrument deemed appropriate by the Executive Director and of the Nonregistrant's ability to request an informal conference as well as of his or her right to request a hearing before an Administrative Law Judge at the State Office of Administrative Hearings; and

  (2) take any other action and impose any other penalty described in this section or permitted by law.

Source Note: The provisions of this §3.173 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective July 5, 2004, 29 TexReg 6285; amended to be effective October 18, 2009, 34 TexReg 7074

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