| (V) Monitoring and/or preapproval of the licensed activities
of the AMC for a specified time period or until specified conditions
are satisfied;
(VI) Minimum of $1,000 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.
(E) 2nd Time Discipline Level 2--violations of the
AMC Act, Board rules, or USPAP which evidence serious deficiencies
will result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required adoption and implementation of written,
preventative policies or procedures;
(v) A probationary period with provisions for monitoring
the AMC;
(vi) Monitoring and/or preapproval of AMC panel removals
for a specified period of time;
(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 $2,500 in administrative penalties
per act or omission which constitutes a violation(s) of AMC Act, Board
rules, or USPAP; each day of a continuing violation is a separate
violation.
(F) 2nd 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 period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required adoption and implementation of written,
preventative policies or procedures;
(v) A probationary period with provisions for monitoring
the AMC;
(vi) Monitoring and/or preapproval of AMC panel removals
for a specified period of time;
(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.
(G) 3rd Time Discipline Level 1--violations of the
AMC Act, Board rules, or USPAP which evidence minor deficiencies will
result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required adoption and implementation of written,
preventative policies or procedures;
(v) A probationary period with provisions for monitoring
the AMC;
(vi) Monitoring and/or preapproval of AMC panel removals
for a specified period of time;
(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 $2,500 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.
(H) 3rd Time Discipline Level 2--violations of the
AMC Act, Board rules, or USPAP which evidence serious deficiencies
will result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required adoption and implementation of written,
preventative policies or procedures;
(v) A probationary period with provisions for monitoring
the AMC;
(vi) Monitoring and/or preapproval of AMC panel removals
for a specified period of time;
(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.
(m) 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.
|
| 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 |
