| (a) The Appointed Board may impose appropriate sanctions
against a Professional Geoscientist, Geoscientist-in-Training, or
Geoscience Firm, as applicable, for:
(1) The practice of fraud or deceit in obtaining a
Professional Geoscientist license, Geoscientist-in-Training certification,
or Geoscience Firm registration;
(2) Incompetence, misconduct, fraud, gross negligence,
or repeated incidents of negligence in the public practice of geoscience;
(3) Conviction of a license holder or GIT of a crime
involving moral turpitude or a felony;
(4) The imposition of an administrative or civil penalty
or a criminal fine, or imprisonment or probation instead of a fine,
for a misdemeanor relating to or arising out of the public practice
of geoscience;
(5) The issuance of a cease and desist order or a similar
sanction relating to, or arising out of, the public practice of geoscience;
(6) Using the seal of another license holder, or using
or allowing the use of the license holder's seal on geoscientific
work not performed by or under the supervision of the license holder;
(7) Aiding or abetting a person or firm in a violation
of this chapter;
(8) The revocation or suspension of a license or firm
registration, the denial of renewal of a license or registration,
or other disciplinary action taken by a state agency, Board of registration,
or similar licensing agency for Professional Geoscientists, Geoscientists-in-Training,
Geoscience Firms, or a profession or occupation related to the public
practice of geoscience;
(9) Practicing or offering to practice geoscience or
representing to the public that the person or the person's firm or
corporation is licensed or registered or qualified to practice geoscience
if the person or firm is not licensed or registered under the Act
or the person's firm or corporation does not employ a Professional
Geoscientist as required under the Act;
(10) Violating the Act, a rule adopted under the Act,
including the Code of Professional Conduct, or a comparable provision
of the laws or rules regulating the practice of geoscience in another
state or country.
(b) The Appointed Board may take the following disciplinary
actions:
(1) Refuse to issue or renew a license;
(2) Permanently revoke a license;
(3) Suspend a license for a specified time, not to
exceed three years, to take effect immediately notwithstanding an
appeal if the Appointed Board determines that the license holder's
continued practice constitutes an imminent danger to the public health,
safety, or welfare;
(4) Issue a public or private reprimand to an applicant,
a license holder, or an individual, or firm practicing geoscience
under this chapter;
(5) Impose limitations, conditions, or restrictions
on the practice of an applicant, a license holder, or an individual,
or firm practicing geoscience under this chapter;
(6) Require that a license holder participate in a
peer review program under rules adopted by the Appointed Board;
(7) Require that a license holder obtain remedial education
and training prescribed by the Appointed Board;
(8) Impose probation on a license holder requiring
regular reporting to the Appointed Board;
(9) Require restitution, in whole or in part, of compensation
or fees earned by a license holder, individual, or firm practicing
geoscience under the Act;
(10) Impose an appropriate administrative penalty as
provided by TOC Chapter 1002, Subchapter J for a violation of this
chapter or a rule adopted under this chapter on a license holder or
a person who is not licensed and is not exempt from licensure under
the Act;
(11) Issue a cease and desist order.
(c) Allegations and disciplinary actions will be set
forth in the final order and the severity of the disciplinary action
will be based on the factors listed in paragraphs (1) - (9) of this
subsection:
(1) The seriousness of the acts or omissions;
(2) The number of prior disciplinary actions taken
against the respondent;
(3) The severity of penalty necessary to deter future
violations;
(4) Efforts or resistance to correct the violations;
(5) Any hazard to the public health, safety, and welfare;
(6) Any actual damage, physical or otherwise, caused
by the violations;
(7) Any economic benefit gained through the violations;
(8) The economic harm to property or the environment
caused by the violation;
(9) Any other matters impacting justice and public
welfare.
(d) The Appointed Board shall consider the following
factors in determining the amount of an administrative penalty assessed
by the Appointed Board:
(1) An administrative penalty shall not exceed the
dollar amount specified in the Act for each violation. Each day a
violation continues is a separate violation for the purposes of imposing
a penalty.
(2) The amount of an administrative penalty shall be
based on:
(A) The seriousness of the violation, including:
(i) The nature, circumstances, extent, and gravity
of any prohibited acts; and
(ii) The hazard or potential hazard created to the
public health, safety, and welfare;
(B) The economic harm to property or the environment
caused by the violation;
(C) The history of previous violations;
(D) The disciplinary action or amount of administrative
penalty necessary to deter a future violation;
(E) Efforts or resistance to correct the violation;
and
(F) Any other matter that justice may require.
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