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RULE §1.151Effect of Enforcement Proceedings on Application

(a) The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or denial until:

  (1) all enforcement proceedings have been terminated by a final judgment or order and the time for appeal has expired, or if an appeal is taken, such appeal has been terminated;

  (2) the Applicant is in full compliance with all orders and judgments of the court, all orders and rules of the Board, and all provisions of the Act; and

  (3) the Applicant has complied with all requests of the Board for information related to such compliance, upon which the Board shall complete the consideration of the application in the regular order of business.

(b) An "enforcement proceeding" is initiated by the commencement of an investigation that is based either on a formal complaint filed with the Board or on information presented to the Board that establishes probable cause for a belief in the existence of facts that would constitute a violation of the Act or the Rules and Regulations of the Board.

(c) The following sanctions may be imposed against an Applicant who is found to have falsified information provided to the Board, violated any of the practice or title restrictions of the Act, violated any similar practice or title restriction of another jurisdiction, or otherwise violated any of the statutory provisions or rules enforced by the Board:

  (1) reprimand;

  (2) imposition of an administrative penalty;

  (3) suspension of the registration certificate upon its effective date;

  (4) denial of the application; and

  (5) denial of the right to reapply for registration for a period not to exceed five years.

(d) The Board may take action against an Applicant for any act or omission if the same conduct would be a ground for disciplinary action against an Architect.

(e) If an application is denied pursuant to subsection (c) or subsection (d) of this section, the Applicant may not subsequently be approved for registration unless the Applicant:

  (1) demonstrates that he/she has taken reasonable steps to correct the misconduct or deficiency that led to the denial of the previous application;

  (2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and

  (3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the denial of the previous application.

Source Note: The provisions of this §1.151 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective July 5, 2004, 29 TexReg 6276

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