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RULE §223.15License Suspension

(a) Unless revocation is required, the commission may suspend a license or certificate for violating any provision of the Texas Occupations Code, Chapter 1701 or commission rule.

(b) The license of a person charged with a felony and placed on community supervision shall be suspended for thirty years.

(c) The license of a person convicted or placed on community supervision for any offense above the grade of Class C misdemeanor may be suspended for 10 years.

(d) A suspension based on a Class A misdemeanor shall be at least 120 days.

(e) A suspension based on a Class B misdemeanor shall be at least 60 days.

(f) The license of a person who fails to comply with legislative continuing education requirements may be suspended:

  (1) up to 90 days for first-time noncompliance; and

  (2) up to 180 days for second-time noncompliance.

(g) The commission may suspend the license of a person who has previously received two written reprimands from the commission.

(h) Factors the commission may consider in determining a term of suspension include:

  (1) the seriousness of the conduct resulting in the arrest;

  (2) the required mental state of the disposition offense;

  (3) whether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;

  (4) the licensee’s previous violations of commission statutes or rules;

  (5) actual or potential harm to public safety, including personal injury and property damage, resulting from the conduct resulting in the arrest;

  (6) aggravating evidence existing in a particular case; and

  (7) evidence used in rebuttal to mitigating factors.

(i) A suspension can begin no sooner than the date of the statute or rule violation.

(j) A suspension or probation may be ordered to run concurrently or consecutively with any other suspension or probation.

(k) The effective date of this section is May 1, 2017.

Source Note: The provisions of this §223.15 adopted to be effective February 1, 2016, 41 TexReg 280; amended to be effective April 6, 2017, 42 TexReg 1778

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