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RULE §117.111Administrative Penalties and Sanctions

(a) If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 455, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapters 51 and 455 and any associated rules.

(b) The commission or executive director may refuse to issue a license to a person, suspend or revoke the license of a person, or place a person licensed under the Act on probation if the person:

  (1) obtains a license by fraud, misrepresentation, or concealment of material facts;

  (2) sells, barters, or offers to sell or barter a license;

  (3) violates a rule adopted by the commission;

  (4) engages in unprofessional conduct that endangers or is likely to endanger the health, welfare, or safety of the public;

  (5) violates an order or ordinance adopted by a political subdivision under Local Government Code, Chapter 243; or

  (6) violates this chapter.

(c) The commission or executive director shall revoke the license of a person if:

  (1) the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter 43, Penal Code or another sexual offense; or

  (2) the department determines the person has practiced or administered massage therapy at or for sexually oriented business.

(d) The commission or executive director shall revoke the license of a person licensed as a massage school or massage establishment if the department determines that:

  (1) the school or establishment is a sexually oriented business; or

  (2) an offense involving prostitution or another sexual offense that resulted in a conviction for the offense, a plea of nolo contendere or guilty to the offense, or a grant of deferred adjudication for the offense occurred on the premises of the school or establishment.

Source Note: The provisions of this §117.111 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406

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