1. (a) The Commission or Executive Director may deny a license application or license renewal, or suspend or revoke any license, if:

   1. (1) the license was obtained or attempted to be obtained by fraud or false representation;
   2. (2) any required documents submitted as part of the initial or renewal application packet are falsified;
   3. (3) the person refused to permit or interfered with an inspection or investigation by an authorized representative of the Commission or Executive Director;
   4. (4) the person permitted the use or display of his license by a person not authorized by law to use that license;
   5. (5) the person has been convicted of a crime or an offense that carries the possibility of confinement in a state or federal facility; or
   6. (6) the person violates a law establishing a regulatory program administered by the Department, or a rule or order of the Commission or the Department.

2. (b) The Commission or Executive Director shall consider the factors set forth in Texas Occupations Code, §51.302(b) and may:

   1. (1) issue a written reprimand to the person that specifies the violation;
   2. (2) revoke, suspend, or deny the person's license;
   3. (3) place on probation a person whose license has been suspended;
   4. (4) refuse to renew the person's license; or
   5. (5) impose administrative penalties on the person.

3. (c) If the suspension of a license is probated, the Commission or Executive Director may require the person to:

   1. (1) report regularly to the Executive Director 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 or unpaid administrative penalties, which were imposed by the Commission or the Executive Director, the Department may place a hold on the person's license and the person will not be able to 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.