1. (a) Unless revocation is explicitly authorized by law, the commission may suspend any license issued by the commission if the licensee:

   1. (1) violates any provision of these sections;
   2. (2) violates any provision of the Texas Occupations Code, Chapter 1701;
   3. (3) is convicted of or placed on court ordered community supervision resulting from deferred adjudication for any offense above the grade of Class C misdemeanor;
   4. (4) is placed on deferred adjudication for an offense involving family violence; or
   5. (5) has previously received two written reprimands from the commission.
2. (b) If a licensee is charged with the commission of a felony, adjudication is deferred, and the licensee is placed on community supervision, the commission shall immediately suspend any license held for a period of 20 years. The suspension of any license under this subsection is effective immediately when the commission receives a certified copy of a court's judgment and issues notice to the licensee via certified mail that any license held is suspended.
3. (c) If convicted or if adjudication is deferred and the licensee is placed on court ordered community supervision for any misdemeanor offense above the grade of Class C misdemeanor, the term of suspension may be for a period not to exceed 10 years.
4. (d) If a licensee is charged with the commission of a misdemeanor offense involving family violence and an adjudication of guilt is deferred, the term of suspension may be for a period not to exceed 10 years.
5. (e) If a license can be suspended under subsection (c) or (d) of this section for a Class A misdemeanor, the minimum term of suspension shall be 120 days. If a license can be suspended under subsection (c) or (d) of this section for a Class B or C misdemeanor, the minimum term of suspension shall be 30 days.
6. (f) If a license can be suspended for a misdemeanor conviction or deferred adjudication, the commissioners may consider the suspension circumstances set forth in this chapter in determining a term of suspension and upon proof of mitigating factors, probate all or part of a suspension term after the mandatory minimum suspension.

7. (g) If a license can be suspended for violation of legislatively required continuing education for licensees as defined in §217.11 of this title and if mitigating circumstances as defined in §218.7 of this title do not apply, the commission may:

   1. (1) for first time offenders suspend a license(s) for up to 90 days;
   2. (2) for second time offenders suspend a license(s) for up to 180 days; and
   3. (3) for third time offenders suspend a license(s) for up to one (1) year.

8. (h) If a license can be suspended for any other reason, the commission, through its executive director may, in its discretion and upon proof of the same mitigating factors, either:

   1. (1) probate all or part of the suspension term during a probation term of up to twice the maximum suspension term; or
   2. (2) issue a written reprimand in lieu of suspension.

9. (i) In evaluating whether mitigating circumstances exist, the commission will consider the following factors:

   1. (1) the licensee's history of compliance with the terms of court-ordered community supervision;
   2. (2) the licensee's post-arrest continuing rehabilitative efforts not required by the terms of community supervision;
   3. (3) the licensee's post-arrest employment record;
   4. (4) the type and amount of any post-arrest, non-court ordered restitution made by the licensee; and
   5. (5) any non-contested disciplinary action, either completed or ongoing, imposed by the appointing agency.

10. (j) A suspension or probation may be ordered to run concurrently or consecutively with any other suspension or probation. The beginning date of a probated suspension shall be:

    1. (1) any date agreed to by both parties, which is no earlier than the date of the rule violation;
    2. (2) the date the licensee notifies the commission in writing of the rule violation if the commission later receives a signed waiver of suspension from the licensee that was postmarked within 30 days of its receipt; or
    3. (3) the date the commission final order is entered in a contested case or the date it becomes effective, if that order is appealed.
11. (k) The executive director shall inform the commissioners of any reprimand no later than at their next regular meeting.

12. (l) The commission may impose reasonable terms of probation, such as:

    1. (1) continued employment requirements;
    2. (2) special reporting conditions;
    3. (3) special document submission conditions;
    4. (4) voluntary duty requirements;
    5. (5) no further rule or law violations; or
    6. (6) any other reasonable term of probation.

13. (m) A probated license remains probated until:

    1. (1) the term of suspension has expired;
    2. (2) all other terms of probation have been fulfilled; and
    3. (3) a written request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or
    4. (4) until revoked.
14. (n) Twelve months may be added to the term of a new suspension for each separate previous violation that has resulted in either a license suspension, a probated suspension, or a written reprimand before the beginning date of the new suspension.
15. (o) Before reinstatement, the probation of a suspended license may be revoked upon a showing that any of its terms have been violated before the expiration date of the probation regardless of when the petition is filed. Upon revocation, the full term of suspension shall be imposed with credit for any time already served on that suspension.
16. (p) Once a license has been suspended, the suspension probated, the probation revoked, or the licensee reprimanded, the commission shall send, by regular mail, notice of the action to the chief administrator of any agency shown to have the licensee under either current or latest appointment.

17. (q) A suspended license remains suspended until:

    1. (1) the term of suspension has expired and the term of court-ordered community supervision has been completed; and
    2. (2) a written request for reinstatement has been received from the licensee and accepted by the commission; or
    3. (3) the remainder of the suspension is probated and the license is reinstated.
18. (r) The effective date of this section is February 1, 2014.

Source Note:The provisions of this §223.16 adopted to be effective January 1, 2012, 36 TexReg 9002; amended to be effective February 1, 2014, 38 TexReg 9620.