<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §121.90Basis for Disciplinary Action

(a) This section is authorized under Texas Occupations Code, Chapters 51 and 506.

  (1) If a person violates any provision of Texas Occupations Code, Chapters 51, 506, or any other applicable provision, this chapter, or a rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules.

  (2) The enforcement authority granted under Texas Occupations Code, Chapters 51 and 506, and any associated rules may be used to enforce the Texas Occupations Code and this chapter.

(b) The department may consult the requirements of the certifying entity, and the BACB Professional and Ethical Compliance Code for Behavior Analysts, in the application and enforcement of this chapter.

(c) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary.

(d) The department may refer or report to a certifying entity information, including complaints, investigations, and violations of Texas law, rules, or orders that are or may be relevant to the qualifications of any person to obtain or maintain a certification.

(e) The commission or the executive director may deny, revoke, suspend, probate, reprimand, or otherwise discipline a license, or impose an administrative penalty, when a person through fraud, misrepresentation, concealment of a material fact, or in violation of the certifying entity's requirements, the Act, or this chapter:

  (1) obtains, renews, or maintains a license; or

  (2) practices or offers to practice behavior analysis services.

Source Note: The provisions of this §121.90 adopted to be effective May 1, 2018, 43 TexReg 2570

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page