The Council, subject to §507.306 of the Occupations Code,
has the exclusive authority to assess sanctions against licensees
who are found to have violated a law within its jurisdiction. While
the Council will consider an ALJ's recommendations as to the sanctions
to be imposed, it is not bound by such recommendations. The appropriate
sanction is not a proper finding of fact or conclusion of law, and
the determination of the appropriate sanction is reserved to the Council
based upon the relevant schedule of sanctions and record in a contested
case.
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