| (a) The executive director shall have primary responsibility
to manage the operations and administration of the department and
its programs as provided by Texas Occupations Code, Chapter 51 and
other applicable law, including but not limited to:
(1) issuing and renewing licenses;
(2) resolving complaints;
(3) conducting investigations and inspections;
(4) imposing sanctions and administrative penalties
for agreed orders and default orders; and
(5) approving, administering, or providing for the
administration of exams.
(b) The executive director may approve agreed orders
and default orders in contested cases and shall have authority to
issue other orders as provided by law or as delegated by the commission.
(c) The department may propose rules for publication
in the Texas Register as delegated
by the commission.
(d) The executive director may implement any executive
orders or proclamations declaring a state of disaster issued by the
governor under Texas Government Code, Chapter 418, to suspend or amend
existing statutes and rules.
(1) The executive director will notify the commission
of the department's actions to comply with the governor's executive
orders or proclamations.
(2) The executive director and the department will
implement the governor's executive orders or proclamations within
the existing authority of Texas Occupations Code, Chapter 51, the
rules in this chapter, and the laws and rules of the programs regulated
by the commission and the department.
(e) For any license that expires during a state of
disaster declared by the governor under Texas Government Code, Chapter
418, or the following recovery period, the executive director may
issue to the license holder an emergency license under Texas Occupations
Code §51.408. The executive director may implement policies as
necessary to administer this subsection. The holder of an emergency
license issued under this subsection is not required to post or display
the emergency license.
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| Source Note: The provisions of this §60.22 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective September 1, 2021, 46 TexReg 5393; amended to be effective January 1, 2023, 47 TexReg 8627 |
