1. (a) The commission or executive director may sanction a license holder, applicant, or other person, if the person:

   1. (1) obtains or attempts to obtain a license by fraud or false representation;
   2. (2) falsifies any document submitted to the department or commission;
   3. (3) permits the use or display of a license by a person not authorized by law to use that license;
   4. (4) has a conviction, a deferred adjudication, or other criminal history that affects license eligibility as prescribed under Subchapter D; or
   5. (5) violates Texas Occupations Code, Chapter 51, a law establishing a regulatory program administered by the department, or a rule or order of the commission or the executive director.

2. (b) The commission or executive director may:

   1. (1) issue a written reprimand;
   2. (2) revoke, suspend, or deny the person's license;
   3. (3) place on probation a person whose license has been suspended or revoked;
   4. (4) issue a restricted license to the person in accordance with Texas Occupations Code, Chapter 51, Subchapter G;
   5. (5) refuse to renew the person's license;
   6. (6) impose administrative penalties against the person after considering the factors set forth in Texas Occupations Code §51.302(b);
   7. (7) order the payment of a refund to a consumer as prescribed under Texas Occupations Code §51.359; or
   8. (8) take a combination of actions under paragraphs (1) - (7).

3. (c) If the suspension or revocation of a license is probated, the commission or executive director may require the person to:

   1. (1) report regularly to the department on matters that are the basis of the probation;
   2. (2) limit practice to the areas prescribed by the commission or executive director;
   3. (3) complete professional education until the person attains a degree of skill satisfactory to the commission or executive director in those areas that are the basis for the probation; or
   4. (4) complete any other remedial actions agreed to by the parties.
4. (d) If a person has outstanding administrative penalties, the department may place a hold on the person's license and the person may not renew the license until the administrative penalties are paid.

Source Note:The provisions of this §60.23 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 1, 2020, 45 TexReg 533; amended to be effective January 1, 2023, 47 TexReg 8627; amended to be effective December 1, 2024, 49 TexReg 9502.