The Texas Department of Licensing and Registration (TDLR) regulates dozens of professionals and industries across our state. The agency serves to protect the health and safety of Texans and ensure the people are served by qualified professionals. As the licensing body, the TDLR has the authority to impose disciplinary action against those it licenses, which can include penalties, fines, license restrictions, and even license revocation.
TDLR's Enforcement Plan
The TDLR's enforcement plan describes the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules the agency enforces. The enforcement plan also lays forth criteria that are considered in determining the amount of an administrative penalty or the severity of a sanction to be imposed. However, the enforcement plan penalties and sanctions are not binding on the Commission and Executive Director when acting as the final decision-makers in contested cases.
In determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction, the TDLR will consider a number of factors.
- The seriousness of the violation;
- The respondent's history of previous violations;
- The amount necessary to deter a future violation;
- Efforts made by the respondent to correct the violation; and
- Any other matter that justice may require.
2 Tex. Occ. Code § 51.302. The enforcement plan has separate segments for each program regulated by the TDLR. These segments contain a description of individual violations that may be committed by the regulated person or entity. The violations are broken down into classes based on the seriousness of the offenses. Each program segment has three to five classes of violations.
Some program segments provide for both a penalty and a sanction. The use of "and/or" indicates that the TDLR has discretion to pursue penalties, sanctions, or both. The use of "plus" indicates that the TDLR is to pursue both penalties and sanctions.
Administrative penalty amounts are pursed on a "per violation" basis. If the TDLR determines that multiple rule violations occurred, it can pursue penalties for each violation.
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 represents 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) 887-7305 and schedule a case evaluation.