(vii) Monitoring and/or preapproval of the licensed
activities of the AMC for a specified time period or until specified
conditions are satisfied;
(viii) Minimum of $4,000 in administrative penalties
per act or omission which constitutes a violation(s) of the AMC Act,
Board rules, or USPAP; each day of a continuing violation is a separate
violation.
(I) 3rd Time Discipline Level 3--violations of the
AMC Act, Board rules, or USPAP which evidence serious deficiencies
and were done with knowledge, deliberately, willfully, or with gross
negligence will result in a final order which imposes one or more
of the following:
(i) A revocation; and
(ii) Minimum of $7,000 in administrative penalties
per act or omission which constitutes a violation(s) of USPAP, Board
Rules, or the Act; each day of a continuing violation is a separate
violation.
(J) 4th Time Discipline--violations of the AMC Act,
Board rules or USPAP will result in a final order which imposes the
following:
(i) A revocation; and
(ii) $10,000 in administrative penalties per act or
omission which constitutes a violation(s) of the AMC Act, Board rules,
or USPAP; each day of a continuing violation is a separate violation.
(K) Unlicensed AMC activity will result in a final
order which imposes a $10,000 in administrative penalties per unlicensed
AMC activity; each day of a continuing violation is a separate violation.
(4) In addition, staff may recommend any or all of
the following:
(A) Reducing or increasing the recommended sanction
or administrative penalty for a complaint based on documented factors
that support the deviation, including but not limited to those factors
articulated under paragraph (2) of this subsection;
(B) Probating all or a portion of any remedial measure,
sanction, or administrative penalty for a period not to exceed three
years;
(C) Requiring additional reporting requirements;
(D) Payment of costs expended by the Board associated
with the investigation, and if applicable, a contested case, including
legal fees and administrative costs; and
(E) Such other recommendations, with documented support,
as will achieve the purposes of the AMC Act, Board rules, or USPAP.
(n) The Board may order a person regulated by the Board
to refund the amount paid by a consumer to the person for a service
regulated by the Board.
(o) Agreed resolutions of complaint matters pursuant
to Texas Occupations Code §1104.208(a)(3) must be signed by:
(1) The Board Chair;
(2) Respondent;
(3) A representative of the Standards and Enforcement
Services Division; and
(4) The Commissioner.
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Source Note: The provisions of this §159.204 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective September 7, 2015, 40 TexReg 5789; amended to be effective June 9, 2019, 44 TexReg 2712; amended to be effective December 8, 2019, 44 TexReg 7539 |