| (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
or Board rules; each day of a continuing violation is a separate violation.
(I) 3rd Time Discipline Level 3--violations of the
AMC Act or Board rules 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 Board Rules,
or the AMC Act; each day of a continuing violation is a separate violation.
(J) 4th Time Discipline--violations of the AMC Act
or Board rules will result in a final order which imposes one or more
of 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 or Board
rules; 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 or Board rules.
(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 §1104.2081 must be signed by:
(1) The Board Chair or if the Board Chair is unavailable
or must recuse him or herself, the Board Chair's designee, whom shall
be (in priority order) the Board Vice Chair, the Board Secretary,
or another Board member;
(2) Respondent;
(3) A representative of the TALCB Division; and
(4) The Executive Director or his or her designee.
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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; amended to be effective November 25, 2021, 46 TexReg 7875; amended to be effective December 25, 2022, 47 TexReg 8272; amended to be effective December 3, 2023, 48 TexReg 6905 |
