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
(1) In determining whether a minor, moderate, or major
penalty is imposed under subsection (2) of this rule, the following
classifications shall apply:
(2) After determining whether the violation is minor,
moderate, or major, the Board shall impose an administrative penalty
(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 5.151(c) and/or 5.175(f).
(4) If a violation of the Board's laws or rules is
not specifically defined in subsection (1) as a minor, moderate, or
major violation, the Board shall consider the factors outlined in
Board Rules 5.151(c) and/or 5.175(f) in determining an appropriate
(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
subsection (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 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 subsection (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
(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) A Registered Interior Designer, a Candidate, or
an Applicant who fails, without good cause, to provide information
to the Board under §5.181 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 §5.181 of this subchapter shall be considered a moderate 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.
|Source Note: The provisions of this §5.187 adopted to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7080; amended to be effective June 13, 2010, 35 TexReg 4712; amended to be effective March 3, 2013, 38 TexReg 1185; amended to be effective September 14, 2016, 41 TexReg 7103