1. (a) Under the authority and provisions of §1001.201, §1001.202, and Subchapters J, K, and L of the Texas Engineering Practice Act (Act), the board shall take action against a person or entity, upon determination that censure is warranted, for a violation of the Act and/or board rules. An action may be composed of one or more of the following:

   1. (1) revocation of a license;
   2. (2) suspension of a license;
   3. (3) probation of a suspended license;
   4. (4) refusal to renew a license;
   5. (5) issuance of a formal or informal reprimand;
   6. (6) cease and desist order;
   7. (7) voluntary compliance agreement;
   8. (8) emergency suspension; or
   9. (9) assessment of an administrative penalty under Subchapter K of the Act.
2. (b) All actions issued by the board will take the form of a Board Order and shall be permanently recorded and made available upon request as public information. Except for an informal reprimand, all enforcement actions shall be published in the board newsletter and on the board website, may be issued in a press release, and shall be transmitted to the National Council of Examiners for Engineering and Surveying.
3. (c) Upon determination that sufficient probable cause exists to indicate that a violation of law or rules may have occurred, the executive director shall notify the person or entity, hereafter referred to in this section as "respondent," by personal service or by certified or registered mail of the alleged violation. The respondent shall be afforded an opportunity to present rebuttals, arguments and evidence to the board prior to the initiation of disciplinary proceedings. If a respondent does not respond, the board may proceed with a contested case hearing.

Source Note:The provisions of this §139.31 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 10, 2006, 31 TexReg 9833; amended to be effective December 21, 2008, 33 TexReg 10181; amended to be effective December 17, 2013, 38 TexReg 9047.