The following are severity levels for the schedule of sanctions.
(1) Level One--Revocation of license. These violations
evidence the licensee's intentional or gross misconduct, cause or
pose a high degree of harm to the public, and/or require severe punishment
to deter the licensee, or other licensees. The fact that a license
is ordered revoked does not necessarily mean the licensee can never
regain licensure. The Council may also impose an administrative penalty
of not less than $250 or more than $5,000 for each Level One violation.
Each day a violation continues or occurs is a separate violation for
the purpose of imposing a financial penalty.
(2) Level Two--Suspension of license. These violations
involve less misconduct, harm, or need for deterrence than Level One
violations, but require suspension of licensure for a period of time.
The Council may also impose an administrative penalty of not less
than $250 or more than $5,000 for each Level Two violation. Each day
a violation continues or occurs is a separate violation for the purpose
of imposing a penalty.
(3) Level Three--Probated suspension of license. These
violations do not involve enough harm, misconduct, or need for deterrence
to warrant suspension of licensure, yet are severe enough to warrant
monitoring of the licensee to ensure future compliance. The Council
may also impose an administrative penalty of not less than $250 or
more than $5,000 for each Level Three violation. Each day a violation
continues or occurs is a separate violation for the purpose of imposing
a penalty.
(4) Level Four--Reprimand. These violations involve
minor misconduct not directly involving the health, safety or welfare
of the particular member of the public at issue. The Council may also
impose an administrative penalty of not less than $250 or more than
$5,000 for each Level Four violation. Each day a violation continues
or occurs is a separate violation for the purpose of imposing a penalty.
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Source Note: The provisions of this §781.803 adopted to be effective November 19, 2020, 45 TexReg 8166; amended to be effective June 1, 2021, 46 TexReg 3412; amended to be effective November 23, 2022, 47 TexReg 7690 |