The Texas Department of Licensing and Registration (TDLR) recently adopted a revised enforcement plan. The TDLR regulates dozens of professionals and industries across Texas and has the authority to impose disciplinary action against its licensees, including penalties and fines. The new enforcement plan addresses sanctions that may be imposed.
The adopted amendments were established to comply with Texas Occupations Code addressing administrative penalties. The relevant code sections read:
“The commission shall by rule or by procedure published in the Texas Register establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.”
Tex. Occ. Code §51.302(c). Specifically, the new enforcement plan gives all TDLR license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of rules or other statutes enforced by the TDLR.
The revised enforcement plan further presents the criteria the TDLR’s Enforcement staff will consider when determining the amount of a proposed administrative penalty or the degree of a proposed sanction. Such factors to be considered by the TDLR include:
- The severity or seriousness of the violation.
- Whether the violation was willful or intentional.
- Whether the Respondent acted in good faith to avoid or mitigate the violation, or to correct the violation after it became apparent.
- Whether the Respondent has engaged in similar violations in the past.
- The level of penalty or sanction necessary to deter future violations.
- Any other matter that justice may require.
The penalty matrix ranges for specific TDLR regulated programs that may be imposed against a person or entity regulated by the TDLR may be viewed here. Licensees should be aware that the TDLR states: “[t]his penalty matrix may differ slightly from others as the agency focuses on aligning strategic plan goals with agency resources.”
Defending Against Allegations
If the TDLR notifies you of a filed complaint or pending investigation, act quickly to mount a defense against the allegations. You do not want to face the licensing board alone. You need an experienced professional license defense attorney by your side, to advocate for your rights and protect your license.
BERTOLINO LLP has been defending Texas licensed professionals for years, and we use a creative, results-driven approach to help you get the best possible outcome in your case. Our results speak for themselves.
We proudly represent licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. If you are facing licensure issues or disciplinary action from a professional licensing board or state agency, contact us today or call (512) 476-5757 and schedule a case evaluation.