As part of a disciplinary action for violating the Acts and
board rules including, but not limited to, negligence, incompetence,
or endangerment to the public, the board may prescribe conditions
of probation for each probated suspension on a case-by-case basis
depending on the severity of the violation that will include reporting
requirements, restrictions on practice, and/or continuing education
requirements as applicable as described in this section.
(1) The board will determine the reporting requirements
for each probated suspension and will include a list of board probation
requirements and schedule for completion of those requirements in
which the board may require the license or registration holder to
submit documentation including, but not limited to, client lists,
job assignments, designs, proof of continuing education participation,
restricted practice reports, and other documents concerning the practice
of engineering or land surveying to demonstrate compliance with the
conditions of probation. As a condition of probation, the license
or registration holder shall accept that schedule deadlines are final
and no extensions or revision shall be granted, unless approved by
the board.
(2) The board will receive and date stamp documentation
on the day received and track compliance with probation requirements
for each probated suspension. The board shall honor postmarks for
date of submittal; however, if not received by the required deadline,
the license holder shall have the burden of proof to demonstrate documentation
was submitted by the schedule deadline.
(3) As a condition of probation, the board may restrict
the area of practice of the license or registration holder. The board
may require the license or registration holder to practice under the
supervision and mentorship of another professional engineer when performing
engineering or another professional land surveyor when performing
land surveying in the restricted areas of practice.
(4) As a condition of probation, the board may require
the license or registration holder to obtain additional continuing
education in addition to the minimum requirements of §137.17
of this title (relating to Investigating a Complaint) and may prescribe
formal classroom study, workshops, seminars, and other specific forms
of continuing education.
(5) Failure to comply with probation requirements shall
result in lifting of probation and suspending of the license or registration
for the remainder of the suspension period.
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| Source Note: The provisions of this §139.47 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206 |
