1. (a) A person who is not an Interior Designer who violates any of the title restrictions of the Interior Designers' Registration Law may be subject to:

   1. (1) injunctive action;
   2. (2) criminal prosecution; and/or
   3. (3) administrative penalty.
2. (b) In taking action against a person who is not an Interior Designer, the Board may be represented by the Texas Attorney General, by a county or district attorney, or by other counsel as necessary.
3. (c) The Executive Director may recommend and the Board may impose an administrative penalty in the manner prescribed in Section 17 of the Interior Designers' Registration Law.

4. (d) A person charged with a violation may request a hearing to contest a proposed administrative penalty that has been recommended by the Executive Director:

   1. (1) A request for a hearing must be received in the Board's office no later than the 20th day after the date the person receives notice that the Executive Director has recommended the imposition of an administrative penalty.
   2. (2) The Board shall preside over a hearing held pursuant to this section. The Board shall send notice of the date, time, and location of the hearing to the person charged with a violation. During the hearing, the Board's staff and the person charged with a violation or the person's authorized representative shall have the opportunity to present testimony and other evidence and make legal arguments regarding the alleged violation and the amount of the proposed administrative penalty.

   3. (3) During a hearing on a proposed administrative penalty, the Board shall have the authority and duty to:

      1. (A) conduct a full, fair, and impartial hearing;
      2. (B) take action to avoid unnecessary delay in the disposition of the proceeding;
      3. (C) maintain order; and
      4. (D) regulate the conduct of the parties and their authorized representatives, including the authority and duty to limit irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations.
   4. (4) After a hearing on a proposed administrative penalty, the Board's chair shall issue a written order stating the Board's findings regarding the occurrence of a ground for sanction and the amount of the penalty, if any. In determining the amount of the penalty, if any, the Board shall consider the factors listed in Subsection 17(g) of the Interior Designers' Registration Law.
   5. (5) The Board may stop a hearing on a proposed administrative penalty in order to consult privately with legal counsel regarding any matter related to the hearing.
5. (e) If a person charged with a violation agrees to a proposed administrative penalty recommended by the Executive Director, the Board shall approve the Executive Director's recommendation and order payment of the proposed penalty without a hearing.
6. (f) Within thirty (30) days after the date on which the Board's order imposing an administrative penalty becomes final, the person charged must pay the administrative penalty in full or file a petition for judicial review with a district court in Travis County as provided by Subchapter G, Chapter 2001, Government Code.

Source Note:The provisions of this §5.183 adopted to be effective January 8, 2002, 27 TexReg 168.