|(a) The Appointed Board is charged with the responsibility
of enforcing the Act. Through the TBPG, the Appointed Board enforces
the requirement of licensure as specified in the Act, the requirement
of Geoscience Firm registration as specified in the Act, and all other
requirements in the Act, the Code of Professional Conduct and other
TBPG rules under the authority of the Act. Unless the person is licensed
by the TBPG, a person may not:
(1) Use the term "Licensed Professional Geoscientist,"
"Professional Geoscientist," or the initials "P.G." as part of a professional,
business, or commercial identification or title; or
(2) Otherwise represent to the public that the person
is qualified to:
(A) Practice as a geoscientist; or
(B) Engage in the practice of geoscience for the public,
including individuals, corporations, governments or courts.
(b) When the TBPG discovers or is provided information
that may indicate a violation of the Act or TBPG rules, the Board
staff may initiate a complaint, as provided by TOC §1002.154.
A member of the public may also submit a complaint, as provided by
TOC §1002.154. For a complaint to be initiated by the agency
or for information received from the public to be considered a complaint,
the information initiated by Board staff or provided by the public
must meet the criteria for a complaint provided in TOC §1002.202.
(c) Before the Appointed Board suspends or revokes
a license, the TBPG shall provide to the Respondent a notice of the
proposed action, an opportunity to show compliance, and an opportunity
for a hearing.
(d) When a contested action is taken by the Appointed
Board, the Respondent shall be informed of the Respondent's rights
in regard to filing for judicial review, as provided in the Administrative
Procedure Act (Government Code, Chapter 2001).
|Source Note: The provisions of this §851.151 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 6, 2022, 47 TexReg 947