|(a) Unless revocation is explicitly authorized by law,
the commission may suspend any license issued by the commission if
(1) violates any provision of these sections;
(2) violates any provision of the Texas Occupations
Code, Chapter 1701;
(3) is convicted of or placed on court ordered community
supervision resulting from deferred adjudication for any offense above
the grade of Class C misdemeanor;
(4) is placed on deferred adjudication for an offense
involving family violence; or
(5) has previously received two written reprimands
from the commission.
(b) If a licensee is charged with the commission of
a felony, adjudication is deferred, and the licensee is placed on
community supervision, the commission shall immediately suspend any
license held for a period of 30 years. The suspension of any license
under this subsection is effective immediately when the commission
receives a certified copy of a court's judgment and issues notice
to the licensee via certified mail that any license held is suspended.
(c) If convicted or if adjudication is deferred and
the licensee is placed on court ordered community supervision for
any misdemeanor offense above the grade of Class C misdemeanor, the
term of suspension may be for a period not to exceed 10 years.
(d) If a licensee is charged with the commission of
a misdemeanor offense involving family violence and an adjudication
of guilt is deferred, the term of suspension may be for a period not
to exceed 10 years.
(e) If a license can be suspended under subsection
(c) or (d) of this section for a Class A misdemeanor, the minimum
term of suspension shall be 120 days. If a license can be suspended
under subsection (c) or (d) of this section for a Class B or C misdemeanor,
the minimum term of suspension shall be 30 days.
(f) If a license can be suspended for a misdemeanor
conviction or deferred adjudication, the commissioners may, in their
discretion and upon proof of mitigating factors as defined in subsection
(i) of this section, probate all or part of a suspension term after
the mandatory minimum suspension. Factors the commission may consider
in determining a term of suspension include:
(1) the seriousness of the conduct resulting in the
(2) the required mental state of the disposition offense;
(3) whether the disposition offense contains an element
of actual or threatened bodily injury or coercion against another
person under the Texas Penal Code or the law of the jurisdiction where
the offense occurred;
(4) the licensee's previous violations of commission
statutes or rules;
(5) actual or potential harm to public safety, including
personal injury and property damage, resulting from the conduct resulting
in the arrest;
(6) aggravating evidence existing in a particular case;
(7) evidence used in rebuttal to mitigating factors.
(g) If a license can be suspended for violation of
legislatively required continuing education for licensees as defined
in §217.11 of this title and if mitigating circumstances as defined
in §218.7 of this title do not apply, the commission may:
(1) for first time offenders suspend a license(s) for
up to 90 days;
(2) for second time offenders suspend a license(s)
for up to 180 days; and
(3) for third time offenders suspend a license(s) for
up to one (1) year.
(h) If a license can be suspended for any other reason,
the commission, through its executive director may, in its discretion
and upon proof of the mitigating factors as defined in subsection
(i) of this section, either:
(1) probate all or part of the suspension term; or
(2) issue a written reprimand in lieu of suspension.
(i) Mitigating factors include:
(1) the licensee's history of compliance with the terms
of court-ordered community supervision;
(2) the licensee's post-arrest continuing rehabilitative
efforts not required by the terms of community supervision;
(3) the licensee's post-arrest employment record;
(4) the type and amount of any post-arrest, non-court
ordered restitution made by the licensee; and
(5) any non-contested disciplinary action, either completed
or ongoing, imposed by the appointing agency.
(j) A suspension or probation may be ordered to run
concurrently or consecutively with any other suspension or probation.
The beginning date of a probated suspension shall be:
(1) any date agreed to by both parties, which is no
earlier than the date of the rule violation;
(2) the date the licensee notifies the commission in
writing of the rule violation if the commission later receives a signed
waiver of suspension from the licensee that was postmarked within
30 days of its receipt; or
(3) the date the commission final order is entered
in a contested case or the date it becomes effective, if that order
(k) The executive director shall inform the commissioners
of any reprimand no later than at their next regular meeting.
(l) The commission may impose reasonable terms of probation,
(1) continued employment requirements;
(2) special reporting conditions;
(3) special document submission conditions;
(4) voluntary duty requirements;
(5) no further rule or law violations; or
(6) any other reasonable term of probation.
(m) A probated license remains probated until:
(1) the term of suspension has expired;
(2) all other terms of probation have been fulfilled;
(3) a written request for reinstatement has been received
and accepted by the commission from the licensee unless the probation
has been revoked by the commission for violation of probation; or
(n) Twelve months may be added to the term of a new
suspension for each separate previous violation that has resulted
in either a license suspension, a probated suspension, or a written
reprimand before the beginning date of the new suspension.
(o) Before reinstatement, the probation of a suspended
license may be revoked before the expiration date of the probation
upon violation of the terms of probation. Upon revocation, the full
term of suspension shall be imposed with credit for any time already
served on that suspension.
(p) Once a license has been suspended, the suspension
probated, the probation revoked, or the licensee reprimanded, the
commission shall send, by regular mail, notice of the action to the
chief administrator of any agency shown to have the licensee under
either current or latest appointment.
(q) A suspended license remains suspended until:
(1) the term of suspension has expired and the term
of court-ordered community supervision has been completed; and
(2) a written request for reinstatement has been received
from the licensee and accepted by the commission; or
(3) the remainder of the suspension is probated and
the license is reinstated.
(r) The effective date of this section is February
|Source Note: The provisions of this §223.15 adopted to be effective January 1, 2012, 36 TexReg 9000; amended to be effective January 17, 2013, 37 TexReg 10254; amended to be effective February 1, 2014, 38 TexReg 9619