If the Board determines that an administrative penalty is the
appropriate sanction for a violation of any of the statutory provisions
or rules enforced by the Board, the following guidelines shall be
applied to guide the Board's assessment of an appropriate administrative
penalty:
(1) In determining whether a minor, moderate, or major
penalty is imposed under paragraph (2) of this rule, the following
classifications shall apply:
Attached Graphic
(2) After determining whether the violation is minor,
moderate, or major, the Board shall impose an administrative penalty
as follows:
(A) Minor violations--an administrative penalty of
not more than $1,000 shall be imposed.
(B) Moderate violations--an administrative penalty
of not more than $3,000 shall be imposed.
(C) Major violations--an administrative penalty of
not more than $5,000 shall be imposed.
(3) In determining the specific amount of an administrative
penalty within the minor, moderate, or major range, the Board shall
consider the factors outlined in Board Rules 1.141(c) and/or 1.165(f).
(4) If a violation of the Board’s laws or rules
is not specifically defined in paragraph (1) as a minor, moderate,
or major violation, the Board shall consider the factors outlined
in Board Rules 1.141(c) and/or 1.165(f) in determining an appropriate
administrative penalty.
(5) Previous Disciplinary History - If the respondent
was previously found to have violated the Board’s laws or rules
in a warning or Order of the Board, then any subsequent disciplinary
action may be considered at the next higher level of severity.
(6) Multiple Violations
(A) The administrative penalty ranges discussed in
paragraph (2) are to be applied to each individual violation of the
Board’s laws and rules. If a respondent has violated multiple
laws and/or rules, or has committed multiple violations of a single
law or rule, the Respondent shall be subject to a separate administrative
penalty for each violation.
(B) Each sheet of architectural plans and specifications
created or issued in violation of the Board’s laws and rules
shall be considered a separate violation for purposes of calculating
the total administrative penalty under paragraph (6)(A).
(C) In the case of a continuing violation, each day
a violation continues or occurs shall be considered a separate violation
for purposes of calculating the total administrative penalty under
paragraph (6)(A).
(7) The administrative penalties set out in this section
may be considered in addition to any other disciplinary actions, such
as revocation, suspension, or refusal to renew a registration.
(8) If the facts of a case are unique or unusual, the
Board may suspend the guidelines described in this section.
(9) An Architect, Candidate, or Applicant who fails,
without good cause, to provide information to the Board under provision
of §1.171 of this subchapter (relating to Responding to Request
for Information) is presumed to be interfering with and preventing
the Board from fulfilling its responsibilities. A violation of §1.171
of this subchapter shall be considered a minor violation if a complete
response is not received within 30 days after receipt of the Board's
written inquiry. An additional 15 day delay constitutes a moderate
violation, and each 15 day delay thereafter shall be considered a
separate major violation of these rules.
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| Source Note: The provisions of this §1.177 adopted to be effective July 5, 2004, 29 TexReg 6277; amended to be effective October 18, 2009, 34 TexReg 7071; amended to be effective March 3, 2013, 38 TexReg 1182; amended to be effective September 11, 2016, 41 TexReg 6689 |
