A registration or license may be suspended or revoked for the following reasons:

1. (1) fraud or deceit in obtaining registration or a license including:

   1. (A) presenting false information to the department on any initial application or document; or
   2. (B) presenting false information to the department on any renewal document;

2. (2) gross negligence:

   1. (A) as determined by the final judgment of a civil or criminal lawsuit; or
   2. (B) as defined by case law;

3. (3) incompetency including:

   1. (A) a determination of mental incompetency by a court;
   2. (B) commitment, emergency detention, or admission to a mental health facility under the Texas Mental Health Code; or
   3. (C) any mental or physical condition which does not allow performance with reasonable skill or safety; or

4. (4) misconduct in the practice of professional sanitation including:

   1. (A) presenting false information to the department in any investigation or disciplinary proceeding of the department;

   2. (B) making deceptive, false, or misleading statements concerning:

      1. (i) qualifications or credentials;
      2. (ii) advertising for the registrant's services; or
      3. (iii) the registrant's practice;
   3. (C) failing to comply with an order issued by the department;
   4. (D) consuming alcohol or taking controlled substances not prescribed by a licensed physician while on active duty as a sanitarian;
   5. (E) aiding or abetting the practice of an unlicensed person when that person is required to be registered under the Texas Civil Statutes, Article 4477-3;
   6. (F) verbally, physically, or sexually abusing or attempting to abuse an individual while on active duty as a sanitarian;
   7. (G) falsifying reports made as a sanitarian;

   8. (H) accepting or offering to accept any form of compensation for:

      1. (i) not reporting a hazard as required; or
      2. (ii) allowing a person not to correct a hazard found by the sanitarian while on duty; or
   9. (I) while on duty as a sanitarian failing to report a crime when the report is required by law.

Source Note:The provisions of this §265.153 adopted to be effective March 26, 2000, 25 TexReg 2345.