Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 6,998
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(3) Unless otherwise permitted by statute or by these sec-
tions, all final orders shall be signed by the board chair, or her designee.
(c) Motion for rehearing. A motion for rehearing shall be
governed by the APA or other pertinent statute and shall be filed with
the board.
(d) Appeals. All appeals from final department orders or de-
cisions shall be governed by the APA or other pertinent statute and
shall be addressed to the board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 17,
2005.
TRD-200504645
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 458-7236
22 TAC 781.702 - 781.707
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas
Register office, Room 245, James Earl Rudder Building, 1019 Brazos
Street, Austin.)
The proposed repeals are authorized by Occupations Code,
505.201, which authorizes the board to adopt rules necessary
to perform the board's duties, and to establish standards of
conduct and ethics for license holders; by Occupations Code,
505.203, which authorizes the board to set fees; and by
Occupations Code, 505.404, which requires the board to
establish mandatory continuing education requirements for
license holders.
The proposed repeals affect Occupations Code, Chapter 505.
781.702. General.
781.703. Notice.
781.704. Subpoenas.
781.705. Pre-hearing Conferences.
781.706. Hearing Procedure.
781.707. Action after the Hearing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 17,
2005.
TRD-200504646
Charles Horton
Executive Director
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 458-7236SUBCHAPTER H. SANCTION GUIDELINES
22 TAC 781.803
The proposed amendment is authorized by Occupations Code,
505.201, which authorizes the board to adopt rules necessary
to perform the board's duties, and to establish standards of
conduct and ethics for license holders; by Occupations Code,
505.203, which authorizes the board to set fees; and by
Occupations Code, 505.404, which requires the board to
establish mandatory continuing education requirquirements for
license holders.
The proposed amendment affects Occupations Code, Chapter
505.
781.803. Severity Level and Sanction Guide.
The following severity levels and sanction guides are based on the rel-
evant factors in 781.802 of this title (relating to Relevant Factors):
(1) Level One--Revocation of license. These violations ev-
idence intentional or gross misconduct on the part of the part of the licensee and/or
cause or pose a high degree of harm to the public and/or require severe
punishment as a deterrent to the licensee, or other licensees. The fact
that a license is ordered revoked does not necessarily mean the licensee
can never regain licensure. The board may also impose an administra-
tive penalty of not less than $250 or more than $5,000 for each Level
One violation. Each day a violation continues or occurs is a separate
violation for the purpose of imposing a penalty.
(2) Level Two--Extended suspension of license. These vi-
olations involve less misconduct, harm, or need for deterrence than
Level One violations, but require termination of licensure for a period
of not less than one year. The board may also impose an administra-
tive penalty of not less than $250 or more than $4,000 for each Level
Two violation. Each day a violation continues or occurs is a separate
violation for the purpose of imposing a penalty.
(3) Level Three--Moderate suspension of license. These
violations involve less misconduct, harm, or need for deterrence than
Level Two violations, but require termination of licensure for some
period of time. The board may also impose an administrative penalty of
not less than $250 or more than $3,000 for each Level Three violation.
Each day a violation continues or occurs is a separate violation for the
purpose of imposing a penalty.
(4) Level Four--Probated suspension of license. These vio-
lations do not involve enough harm, misconduct, or need for deterrence
to warrant termination of licensure, yet are severe enough to warrant
monitoring of the licensee to ensure future compliance. Possible pro-
bationary terms are set out as in 781.806 of this title (relating to Pro-
bation) and may be ordered as appropriate. The board may also impose
an administrative penalty of not less than $250 or more than $2,000 for
each Level Four violation. Each day a violation continues or occurs is
a separate violation for the purpose of imposing a penalty.
(5) Level Five--Reprimand. These violations involve mi-
nor misconduct not directly involving the health, safety or welfare of
the particular member of the public at issue. The board may also im-
pose an administrative penalty of not less than $250 or more than
$1,000 for each Level Five violation. Each day a violation continues
or occurs is a separate violation for the purpose of imposing a penalty.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 17,
2005.30 TexReg 6998 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/25/?q=%22%22~1: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.