1. (a) The department may reprimand a person who is registered under the Act or suspend a certificate of registration of a person who is registered under the Act if the person:

   1. (1) fails to submit the required reports to the department pursuant to §1956.036 of the Act;
   2. (2) willfully or knowingly submits false, inaccurate, or incomplete information to the department on the reports submitted pursuant to §1956.036 of the Act;
   3. (3) fails to preserve the records required pursuant to §1956.034 of the Act; or
   4. (4) violates the Act or this chapter.
2. (b) For the first violation of subsection (a) of this section, the person may receive a written reprimand in the form of a letter notifying the person of the violation and directing the person to immediately remedy the violation.
3. (c) For a second violation of subsection (a) of this section occurring within two years of an earlier violation for which a final order has been issued, the person's certificate of registration may be suspended for a period not to exceed three months.
4. (d) For a third violation of subsection (a) of this section occurring within two years of two earlier violations for which final orders have been issued, the person's certificate of registration may be suspended for a period not to exceed six months.
5. (e) Upon receipt of a notice of reprimand or suspension under this section, a person may request a hearing before the department pursuant to §36.17 of this title (relating to Informal Hearings). The failure to timely appeal the proposed action will result in the issuance of a final order.

Source Note:The provisions of this §36.11 adopted to be effective November 11, 2010, 35 TexReg 9923; amended to be effective June 26, 2013, 38 TexReg 3989.