reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter F - THE REGISTERED INTERIOR DESIGNER'S SEAL › Section 5.112 - Type and Design

Current through Reg. 49, No. 28; July 12, 2024
(a) On every
				  document requiring a Registered Interior Designer's seal, the Registered
				  Interior Designer shall affix or cause the affixation of a seal that will
				  produce a clearly visible and legible image of the seal when the document is
				  copied or reproduced. A Registered Interior Designer may not affix or authorize
				  the affixation of an impression or embossing seal on a document requiring a
				  seal unless the impression or embossing seal will produce a clearly visible and
				  legible image of the seal when the document is copied or reproduced.
(b) The design of a Registered Interior
				  Designer's seal shall be the same as the design of the sample seal shown in
				  this subsection except that the name of the Registered Interior Designer and
				  the Registered Interior Designer's registration number shall be substituted for
				  the name and registration number shown on the sample seal. The diameter of the
				  seal shall be no smaller than one and one-half (1.5) inches.
Attached
					 Graphic
(c) A
				  document regulated by this subchapter may be issued electronically or in any
				  other format selected by the Registered Interior Designer whose seal and
				  signature are affixed to the document. A Registered Interior Designer's seal
				  and signature and the date of signing may be affixed electronically or through
				  any other means selected by the Registered Interior Designer as long as the
				  seal, signature, and date will produce a clearly visible and legible image on
				  any copy or reproduction of the document to which they are affixed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter F - THE REGISTERED INTERIOR DESIGNER'S SEAL › Section 5.113 - Required Use of Seal and Retention of Sealed Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction Documents:
(1) On every Construction Document prepared
				  by a Registered Interior Designer or under a Registered Interior Designer's
				  Supervision and Control, the Registered Interior Designer shall affix or cause
				  the affixation of:
(A) the Registered
				  Interior Designer's seal;
(B) the
				  Registered Interior Designer's signature (across the face of the seal's image
				  or directly under or adjacent to the seal's image); and
(C) the date of signing (including the month,
				  day, and year) before the Construction Document is issued by or under the
				  authority of the Registered Interior Designer.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter F - THE REGISTERED INTERIOR DESIGNER'S SEAL › Section 5.114 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered Interior Designer may not
				  affix or authorize the affixation of his/her seal to any document unless the
				  document was prepared by the Registered Interior Designer or under the
				  Registered Interior Designer's Supervision and Control.
(b) If only a portion of a document was
				  prepared by a Registered Interior Designer or under a Registered Interior
				  Designer's Supervision and Control, the Registered Interior Designer's seal may
				  not be affixed to the document unless:
(1)
				  the portion of the document prepared by the Registered Interior Designer or
				  under the Registered Interior Designer's Supervision and Control is clearly
				  identified; and
(2) it is clearly
				  indicated on the document that the Registered Interior Designer's seal applies
				  only to that portion of the document prepared by the Registered Interior
				  Designer or under the Registered Interior Designer's Supervision and
				  Control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter F - THE REGISTERED INTERIOR DESIGNER'S SEAL › Section 5.115 - Other Professional Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A Registered Interior Designer shall provide a written statement of
				  jurisdiction to each client for whom the Registered Interior Designer renders
				  an Interior Design service in Texas.
(b) The statement of jurisdiction shall:
(1) state that "The Texas Board of
				  Architectural Examiners has jurisdiction over complaints regarding the
				  professional practices of persons registered as registered interior designers
				  in Texas";
(2) include the Board's
				  current mailing address and telephone number; and
(3) be placed within every written contract
				  for Interior Design services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 5.131 - General

Current through Reg. 49, No. 28; July 12, 2024
In carrying out its responsibility to insure strict
					 enforcement of the Interior Designers' Registration Law (the Act), the Board
					 may investigate circumstances which appear to violate or abridge the
					 requirements of the Act or the rules dealing with the practice of Interior
					 Design and the use of the title "registered interior designer." Violations of
					 the Act or the rules which cannot be readily resolved through settlement shall
					 be disposed of by administrative, civil, or criminal proceedings as authorized
					 by law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 5.132 - Association

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered Interior Designer or a
				  Principal on behalf of an Interior Design firm who forms a business association
				  to jointly provide services with any Nonregistrant who is:
(1) not an employee of the Registered
				  Interior Designer or the Interior Design firm;
(2) not a client of the Registered Interior
				  Designer or the Interior Design firm; and
(3) not a subcontractor nor a consultant of
				  the Registered Interior Designer or Interior Design firm under contract with a
				  client except as described in subsection (e) of this section shall, prior to
				  providing such services on behalf of the business association, enter into a
				  written agreement of association with the Nonregistrant whereby the Registered
				  Interior Designer or the Interior Design firm agrees to be responsible for the
				  preparation of all Construction Documents issued by the association.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 5.133 - Titles

Current through Reg. 49, No. 28; July 12, 2024
(a) Registered Interior Designers duly
				  registered in Texas are authorized to use the title "registered interior
				  designer" to describe themselves.
(b) A firm, partnership, corporation, or
				  other business association may use the title "registered interior designer"
				  only under the following conditions:
(1) The
				  business employs at least one Registered Interior Designer on a full-time basis
				  or associates with at least one Registered Interior Designer pursuant to the
				  provisions of §
											5.132 of
				  this title (relating to Association); and
(2) The Registered Interior Designer(s)
				  employed by or associated with the business pursuant to paragraph (1) of this
				  subsection exercise Supervision and Control over all Interior Design services
				  performed by Nonregistrants on behalf of the business.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 5.134 - Business Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) An Interior
				  Design firm or other business entity that uses the title "registered interior
				  designer" to describe itself or which offers or renders the services described
				  as those of a Registered Interior Designer must annually register information
				  regarding the firm or business entity with the Board, including an email
				  address to which all correspondence from the Board will be sent.
(b) A Registered Interior Designer or a
				  Registered Interior Design firm which enters into an agreement to create a
				  business association pursuant to §
										5.132 of
				  this title (relating to Association) shall annually register the association
				  with the Board, including an email address to which all correspondence from the
				  Board will be sent.
(c) If a
				  Registered Interior Design firm, business entity, or association dissolves or
				  otherwise becomes unable to lawfully use the title "registered interior
				  designer" to describe itself, the Registered Interior Design firm, business
				  entity, or association shall so notify the Board in writing. Such notification
				  must be postmarked or otherwise provided within 30 days of the date of
				  dissolution or the date the Registered Interior Design firm, business entity,
				  or association became unable to lawfully use the title "registered interior
				  designer" and to offer or render the services described as those of a
				  Registered Interior Designer. A business entity or association may not continue
				  to use the title "registered interior designer" or offer or render the services
				  of a Registered Interior Designer unless it employs or contracts with a
				  Registered Interior Designer and updates its registration within that 30 day
				  period.
(d) A Registered Interior
				  Designer who is a sole practitioner doing business under his/her own name,
				  which is registered with the Board, is exempt from the requirements of
				  subsections (a) - (c) of this section.
(e) Each Registered Interior Design firm,
				  business entity, or association shall annually renew its unexpired registration
				  and pay a renewal fee not later than the anniversary of the date of its initial
				  registration. Each Registered Interior Design firm, business entity, and
				  association shall pay a registration renewal fee to renew an expired
				  registration in an amount equal to 1-1/2 times the normally required renewal
				  fee if registration has been expired for 90 days or less and in an amount equal
				  to twice the normally required renewal fee if the registration has been expired
				  for longer than 90 days. A firm, business entity, or association which offers
				  or renders two or more professional disciplines regulated by the Board shall
				  pay a single registration fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.151 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter is promulgated pursuant
				  to the Interior Designers' Registration Law (the Act), Chapters 1051 and 1053,
				  Texas Occupations Code, which directs the Board to make all rules consistent
				  with the laws and constitution of Texas which are reasonably necessary for the
				  regulation of the practice of Interior Design and the enforcement of the Act.
				  Except as otherwise noted, this subchapter applies only to situations which are
				  directly or indirectly related to the practice of Interior Design.
(b) The Board may revoke, suspend, or refuse
				  to renew a Registered Interior Designer's certificate of registration, place on
				  probation a Registered Interior Designer whose certificate of registration has
				  been suspended, reprimand a Registered Interior Designer, or assess an
				  administrative penalty against a Registered Interior Designer for a violation
				  of any provision of this subchapter or other provisions of the Rules and
				  Regulations of the Board or the Act. The Board also may take action against an
				  Applicant pursuant to §
										5.160
				  of this title (relating to Effect of Enforcement Proceedings on Application). A
				  single instance of misconduct may be grounds for disciplinary action by the
				  Board.
(c) Upon a finding of
				  professional misconduct, the Board shall consider the following factors in
				  determining an appropriate sanction or sanctions:
(1) the seriousness of the conduct, including
				  the hazard or potential hazard to the health or safety of the public;
(2) the economic damage or potential damage
				  to property caused by the misconduct;
(3) the respondent's history concerning
				  previous grounds for sanction;
(4)
				  the sanction necessary to deter future misconduct;
(5) efforts to correct the misconduct;
				  and
(6) any other matter justice
				  may require.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.152 - Competence

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered Interior Designer shall
				  undertake to perform a professional service only when the Registered Interior
				  Designer, together with those whom the Registered Interior Designer shall
				  engage as consultants, is qualified by education and/or experience in the
				  specific technical areas involved. During the delivery of a professional
				  service, a Registered Interior Designer shall act with reasonable care and
				  competence and shall apply the technical knowledge and skill which is
				  ordinarily applied by reasonably prudent Registered Interior Designers
				  practicing under similar circumstances and conditions.
(b) A Registered Interior Designer shall not
				  affix his/her signature or seal to any Interior Design plan or document dealing
				  with subject matter in which he/she is not qualified by education and/or
				  experience to form a reasonable judgment.
(c) "Gross Incompetency" shall be grounds for
				  disciplinary action by the Board. A Registered Interior Designer may be found
				  to be grossly incompetent under any of the following circumstances:
(1) the Registered Interior Designer has
				  engaged in conduct that provided evidence of an inability or lack of skill or
				  knowledge necessary to discharge the duty and responsibility required of a
				  Registered Interior Designer;
(2)
				  the Registered Interior Designer engaged in conduct which provided evidence of
				  an extreme lack of knowledge of, or an inability or unwillingness to apply, the
				  principles or skills generally expected of a reasonably prudent Registered
				  Interior Designer under the same or similar circumstances;
(3) the Registered Interior Designer has been
				  adjudicated mentally incompetent by a court; or
(4) pursuant to §
											5.159(b)
				  of this title (relating to Substance Abuse).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.153 - Recklessness

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered Interior Designer shall not
				  practice Interior Design in any manner which, when measured by generally
				  accepted Interior Design standards or procedures, is reasonably likely to
				  result or does result in the endangerment of the safety, health, or welfare of
				  the public.
(b) "Recklessness"
				  shall be grounds for disciplinary action by the Board. "Recklessness" shall
				  include the following practices:
(1) conduct
				  which indicates that the Registered Interior Designer is aware of yet
				  consciously disregards a substantial risk of such a nature that its disregard
				  constitutes a significant deviation from the standard of care that a reasonably
				  prudent Registered Interior Designer would exercise under the
				  circumstances;
(2) knowing failure
				  to exercise ordinary care and attention toward the intended result when a
				  procedure, technique, material, or system is employed as a result of a decision
				  made by the Registered Interior Designer and such failure jeopardizes any
				  person's health, safety, or welfare; or
(3) action which demonstrates a conscious
				  disregard for compliance with a statute, regulation, code, ordinance, or
				  recognized standard applicable to the design or construction of a particular
				  project when such disregard jeopardizes any person's health, safety, or
				  welfare.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.154 - Dishonest Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered
				  Interior Designer may not directly or indirectly perform an act, omit an act or
				  allow an omission, make an assertion, or otherwise engage in a practice with
				  the intent to:
(1) defraud;
(2) deceive; or
(3) create a misleading impression.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.155 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) If a Registered
				  Interior Designer has any business association or financial interest which
				  might reasonably appear to influence the Registered Interior Designer's
				  judgment in connection with the performance of a professional service and
				  thereby jeopardize an interest of the Registered Interior Designer's current or
				  prospective client or employer, the Registered Interior Designer shall promptly
				  inform the client or employer in writing of the circumstances of the business
				  association or financial interest.
(b) A Registered Interior Designer shall not
				  solicit or accept, directly or indirectly, any financial or other valuable
				  consideration, material favor, or other benefit of any substantial nature,
				  financial or otherwise, from more than one party in connection with a single
				  project or assignment unless the circumstances are fully disclosed in writing
				  to all parties.
(c) A Registered
				  Interior Designer shall not solicit or accept, directly or indirectly, any
				  financial or other valuable consideration, material favor, or other benefit of
				  any substantial nature from any supplier of materials or equipment or from any
				  contractor or any consultant in connection with any project on which the
				  Registered Interior Designer is performing or has contracted to perform
				  Interior Design services unless the circumstances are fully disclosed in
				  writing to all parties.
(d) The
				  phrase "benefit of any substantial nature" is defined to mean any act, article,
				  money, or other material consideration which is of such value or proportion
				  that its acceptance creates an obligation or the appearance of an obligation on
				  the part of the Registered Interior Designer or otherwise could adversely
				  affect the Registered Interior Designer's ability to exercise his/her own
				  judgment without regard to such benefit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.156 - Responsibility to the Interior Design Profession

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered Interior Designer shall not:
(1) knowingly participate, directly or
				  indirectly, in any plan, scheme, or arrangement having as its purpose the
				  violation of any provision of the Act or any provision of the Rules and
				  Regulations of the Board;
(2) aid
				  or abet, directly or indirectly:
(A) any
				  unregistered person in connection with the unauthorized practice of Interior
				  Design;
(B) any business entity in
				  the practice of Interior Design unless carried on in accordance with the Act;
				  or
(C) any person or any business
				  entity in the use of a professional seal or other professional identification
				  so as to create the opportunity for the unauthorized practice of Interior
				  Design by any person or any business entity;
(3) fail to exercise reasonable care or
				  diligence to prevent his/her partners, associates, shareholders, and employees
				  from engaging in conduct which, if done by him/her, would violate any provision
				  of the Act or any provision of the Rules and Regulations of the
				  Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.157 - Prevention of Unauthorized Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Registered Interior Designer shall not practice or offer to practice Interior
				  Design in any governmental jurisdiction in which to do so would be in violation
				  of a law regulating the practice of Interior Design in that
				  jurisdiction.
(b) The revocation,
				  suspension, refusal to renew, or denial of a registration to practice Interior
				  Design in another jurisdiction shall be sufficient cause for the revocation,
				  suspension, refusal to renew, or denial of a registration to practice Interior
				  Design in the State of Texas.
(c) A
				  Registered Interior Designer who fails to renew his/her certificate of
				  registration prior to its annual expiration date shall not use the title "
				  registered interior designer" to describe himself/herself until after the
				  Registered Interior Designer's certificate of registration has been properly
				  renewed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.158 - Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Chapter
				  53, Texas
				  Occupations Code and §
										2005.052, Texas
				  Government Code, the Board may suspend or revoke an existing certificate of
				  registration, disqualify a person from receiving a certificate of registration,
				  issue a provisional license subject to the terms and limitations of §
										5.37 of
				  this chapter (relating to Provisional Licensure), or deny to a person the
				  opportunity to be examined for a certificate of registration because of the
				  person's conviction for committing an offense if:
(1) the offense directly relates to the
				  duties and responsibilities of a Registered Interior Designer;
(2) the offense is listed in Article
				  42A.054,
				  Texas Code of Criminal Procedure; or
(3) the offense is a sexually violent
				  offense, as defined by Article
				  62.001,
				  Texas Code of Criminal Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.159 - Substance Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) If in the
				  course of a disciplinary proceeding, it is found by the Board that a Registered
				  Interior Designer's abuse of alcohol or a controlled substance, as defined by
				  the Texas Controlled Substances Act, Chapter 481, Health and Safety Code,
				  contributed to a violation of the Act or the Rules and Regulations of the
				  Board, the Board may condition its disposition of the disciplinary matter on
				  the Registered Interior Designer's completion of a rehabilitation program
				  approved by the Texas Commission on Alcohol and Drug Abuse that may include
				  rehabilitation at a facility also approved by the Commission.
(b) A Registered Interior Designer's abuse of
				  alcohol or a controlled substance that results in the impairment of the
				  Registered Interior Designer's professional skill so as to cause a direct
				  threat to the property, safety, health, or welfare of the public may be deemed
				  "Gross Incompetency" and may be grounds for the indefinite suspension of a
				  Registered Interior Designer's certificate of registration until such time as
				  he or she is able to demonstrate to the Board's satisfaction that the reasons
				  for suspension no longer exist and that the termination of the suspension would
				  not endanger the public.
(c) In
				  order to determine whether abuse of alcohol or a controlled substance
				  contributed to a violation or has resulted in "gross incompetency," the Board
				  may order an examination by one or more health care providers trained in the
				  diagnosis or treatment of substance abuse.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.160 - Effect of Enforcement Proceedings on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The application of an Applicant against
				  whom the Board has initiated an enforcement proceeding may be held at the
				  Board's discretion, without approval, disapproval, or denial until:
(1) all enforcement proceedings have been
				  terminated by a final judgment or order and the time for appeal has expired, or
				  if an appeal is taken, such appeal has been terminated;
(2) the Applicant is in full compliance with
				  all orders and judgments of the court, all orders and rules of the Board, and
				  all provisions of the Act; and
(3)
				  the Applicant has complied with all requests of the Board for information
				  related to such compliance, upon which the Board shall complete the
				  consideration of the application in the regular order of business.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter H - PROFESSIONAL CONDUCT › Section 5.162 - Deferred Adjudication

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  §
										5.37 and
				  §
										5.158 of
				  this chapter (relating to Provisional Licensure and Criminal Convictions), a
				  person is not convicted for committing a criminal offense if:
(1) the person entered a plea of guilty or
				  nolo contendere;
(2) the court
				  deferred further proceedings without entering an adjudication of guilt and
				  placed the person under the supervision of the court or an officer of the
				  court; and
(3) at the conclusion of
				  a period of supervision, the judge dismissed the proceedings and discharged the
				  person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.171 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall provide a system of procedures for the
					 initiation, investigation, prosecution, hearing and resolution of disciplinary
					 matters and allegations involving persons who are subject to the jurisdiction
					 of the Texas Board of Architectural Examiners.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.172 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) In computing
				  any period of time prescribed by this subchapter, by order of the Board, or by
				  other applicable statutory provision or rule, the period shall begin on the day
				  after the act or the event considered and conclude at the end of the last day
				  of such period unless the last day falls on a Saturday, Sunday, or official
				  national or Texas state holiday, in which case the period shall run until the
				  end of the next day which is not a Saturday, Sunday, or official national or
				  Texas state holiday.
(b) A person
				  shall be presumed to have received all pleadings and other notices upon a
				  showing that such materials were sent to the respondent's last known address;
				  the materials were sent by United States mail, first class postage prepaid; a
				  return address was affixed to the exterior of the mailing materials and the
				  materials were not returned; and in excess of seven days has elapsed from
				  placement of the materials into the United States mail.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.174 - Initiating a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  may initiate a Contested Case proceeding in response to:
(1) a written complaint filed by a member of
				  the public;
(2) information
				  provided in a registration application or renewal form; or
(3) other information known to the Board
				  which establishes probable cause.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.175 - Informal Disposition of a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) A Contested Case may be resolved
				  informally at any time.
(b) If the
				  respondent agrees in writing to a settlement agreement and the Executive
				  Director executes the written settlement agreement, the settlement agreement
				  shall be presented to the Board for approval or rejection. The settlement
				  agreement must include written findings of fact and conclusions of law and may
				  be in the form of a consent order, letter of reprimand, or other format
				  approved by the Executive Director.
(c) If the Board rejects a settlement
				  agreement, the respondent shall have the opportunity to agree to alternative
				  settlement terms approved by the Board. If the respondent does not agree to
				  alternative settlement terms approved by the Board, the case shall be referred
				  to the State Office of Administrative Hearings for a formal hearing.
(d) If the respondent and the Executive
				  Director do not agree in writing to a settlement agreement, the case shall be
				  referred to the State Office of Administrative Hearings for a formal
				  hearing.
(e) An informal
				  disposition may be made of a Contested Case by default. Default occurs whenever
				  a respondent neither answers nor makes other written response to the filing of
				  a Complaint or Petition at the State Office of Administrative Hearings alleging
				  a violation of any law or Rule over which TBAE possesses jurisdiction. Default
				  also occurs if the respondent fails to appear at a scheduled and properly
				  noticed hearing to be conducted by the State Office of Administrative
				  Hearings.
(f) The Board and the
				  Executive Director shall take into account the following factors when
				  considering a proposed settlement agreement:
(1) the nature, circumstances, extent, and
				  gravity of any relevant act or omission;
(2) the hazard or potential hazard to the
				  health, safety or welfare of the public;
(3) the economic harm resulting from the
				  conduct;
(4) the respondent's
				  history concerning any previous ground for sanction;
(5) the severity of penalty necessary to
				  effectuate specific and general deterrence;
(6) any effort by the respondent to take
				  prompt remedial action;
(7) the
				  economic benefit gained by the respondent as a result of the conduct;
(8) any other matter justice may require;
				  and
(9) When considering a referral
				  from the Texas Department of Licensing and Regulation, in addition to the
				  factors described in this subsection, the Board shall consider the actual
				  number of days that the submission was late.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.176 - Informal Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) An informal
				  conference may be held in order to provide a respondent with the opportunity to
				  appear and answer a charge against the respondent in person.
(b) An informal conference shall be attended
				  by the respondent and each person designated by the Executive Director to
				  attend the conference. The respondent shall have the right to employ legal
				  counsel to attend the informal conference at the respondent's
				  expense.
(c) An informal conference
				  shall be voluntary and shall not be a prerequisite to a formal
				  hearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.177 - Publication of Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Board shall cause to be published in the Board's official newsletter, on the
				  Board's Web site, in a newspaper, or in another publication the name of any
				  person who has received disciplinary action by the Board. The publication may
				  include a narrative summary of the facts giving rise to disciplinary action and
				  a description of the action taken.
(b) In addition to other types of
				  disciplinary action that shall be publicized pursuant to this section, the
				  Board shall publicize the revocation or cancellation of a certificate of
				  registration after its surrender in lieu of potential disciplinary
				  action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.178 - Dismissal

Current through Reg. 49, No. 28; July 12, 2024
For good cause, the Board, the Executive Director, or a
					 person designated by the Executive Director may dismiss a Contested Case at any
					 time after a Contested Case proceeding is commenced.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.179 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
The Executive Director or a person designated by the
					 Executive Director shall represent the Board in any alternative dispute
					 resolution proceeding.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.180 - Referrals from the Texas Department of Licensing and Regulation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a Registered Interior Designer fails
				  to submit any document to the Texas Department of Licensing and Regulation as
				  required by the Architectural Barriers Act, or a rule or procedure enacted
				  pursuant to the Architectural Barriers Act, the Board may take disciplinary
				  action against the Registered Interior Designer.
(b) A Registered Interior Designer's failure
				  to submit documents to the Texas Department of Licensing and Regulation as
				  required by subsection (a) of this section, shall result in a written warning
				  from the Executive Director. An administrative penalty shall be imposed upon
				  second and subsequent failures.
(c)
				  When considering potential disciplinary action, including imposition of an
				  administrative penalty, the Board and the Executive Director shall take into
				  account the number of previous incidents involving a registrant's failure to
				  timely submit documents to the Texas Department of Licensing and Regulation and
				  the length of the delay in making the present submission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.181 - Responding to Request for Information

Current through Reg. 49, No. 28; July 12, 2024
A Registered Interior Designer, a Candidate or an Applicant
					 shall answer an inquiry or produce requested documents to the Board concerning
					 any matter under the jurisdiction of the Board within thirty (30) days after
					 the date the person receives the inquiry. Failure to respond within thirty (30)
					 days may constitute a separate violation subject to disciplinary action by the
					 Board up to and including suspension or revocation of a
					 registration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.182 - Continuing Violation

Current through Reg. 49, No. 28; July 12, 2024
(a) Each day a
				  violation of any statutory provision or rule enforced by the Board occurs or
				  continues may be considered a separate violation subject to disciplinary action
				  by the Board.
(b) Each sheet of
				  Interior Design plans and each separate section of the specifications which are
				  prepared, modified or issued in violation of these rules or any laws over which
				  the Board has jurisdiction shall each be considered an independent violation of
				  applicable rules and laws.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.183 - Violation by One Not a Registered Interior Designer

Current through Reg. 49, No. 28; July 12, 2024
(a) A Nonregistrant who violates Texas
				  Occupations Code Chapter 1053 or this chapter is subject to any or all of the
				  following:
(1) judicial proceedings for
				  injunctive relief;
(2) issuance of
				  a cease and desist order from the Board; or
(3) denial of registration as a Registered
				  Interior Designer, if applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.184 - Complaint Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  file a complaint by submitting the following information to the Board:
(1) the name of and contact information for
				  the complainant unless evidence regarding a possible violation was submitted
				  anonymously;
(2) the name of the
				  person against whom the complaint is filed;
(3) the address, telephone number, Web site,
				  or other contact information for the person against whom the complaint is
				  filed, if available;
(4) the date
				  and location of the alleged violation that is the subject of the
				  complaint;
(5) a description of
				  each alleged violation; and
(6) the
				  name, address, and telephone number for any known witness who can provide
				  information regarding the alleged violation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.185 - Evaluation of Evidence by Expert

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Board's staff determines that a respondent who is a Registrant, Candidate, or
				  Applicant appears to have engaged in the practice of Interior Design in a
				  manner that was reckless, grossly incompetent, or dishonest, the matter may not
				  be docketed at the State Office of Administrative Hearings for a formal hearing
				  unless the evidence and information gathered during the investigation have been
				  reviewed by a member of the Board or the Board's staff or a consultant who is
				  registered as a Registered Interior Designer.
(b) The purpose of the review shall be to
				  confirm, prior to the commencement of formal disciplinary proceedings, that the
				  respondent's professional conduct did not satisfy the requisite standard of
				  care which should be applied by a reasonably prudent Registered Interior
				  Designer under similar circumstances.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.186 - Subpoenas and Depositions

Current through Reg. 49, No. 28; July 12, 2024
(a) On a showing of
				  good cause and on deposit of a sum reasonably estimated to cover the costs of
				  issuing and serving the subpoena and the costs described in subsection (e) of
				  this section, the executive director or the Chairman may issue a subpoena to
				  require the attendance of a witness for examination under oath or the
				  production of a record, document, or other evidence relevant to the
				  investigation of, or a disciplinary proceeding related to, an alleged violation
				  of a statutory provision or rule enforced by the Board.
(b) A subpoena must:
(1) be issued in the name of the State of
				  Texas;
(2) be signed by the
				  executive director or the Chairman;
(3) be addressed to a sheriff, constable, or
				  other party authorized by the Texas Rules of Civil Procedure to serve a
				  subpoena;
(4) state the time and
				  place at which the witness is required to appear, the name of the person at
				  whose instance the subpoena has been issued, and the date of the subpoena's
				  issuance;
(5) include a specific
				  description of any record, document, or other evidence covered by the subpoena;
				  and
(6) be served by delivering a
				  copy of the subpoena to the party named in the subpoena.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.187 - Administrative Penalty Schedule

Current through Reg. 49, No. 28; July 12, 2024
If the Board determines that an administrative penalty is
					 the appropriate sanction for a violation of any of the statutory provisions or
					 rules enforced by the Board, the following guidelines shall be applied to guide
					 the Board's assessment of an appropriate administrative penalty:
(1) In determining whether a minor, moderate,
				  or major penalty is imposed under subsection (2) of this rule, the following
				  classifications shall apply:
Attached Graphic
(2) After determining whether the
				  violation is minor, moderate, or major, the Board shall impose an
				  administrative penalty as follows:
(A) Minor
				  violations--an administrative penalty of not more than $1,000 shall be
				  imposed.
(B) Moderate
				  violations--an administrative penalty of not more than $3,000 shall be
				  imposed.
(C) Major violations--an
				  administrative penalty of not more than $5,000 shall be imposed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter I - DISCIPLINARY ACTION › Section 5.188 - Reinstatement Following Suspension or Revocation

Current through Reg. 49, No. 28; July 12, 2024
If the Board suspends or revokes a person's certificate of
					 registration as a result of disciplinary action, the person may not reinstate
					 the certificate of registration or obtain a new certificate of registration
					 unless the person:
(1) demonstrates
				  that he/she has taken reasonable steps to correct the misconduct or deficiency
				  that led to the suspension or revocation;
(2) demonstrates that reinstatement or
				  issuance of the certificate of registration is not inconsistent with the
				  Board's duty to protect the public by ensuring that Registrants are duly
				  qualified and fit for registration; and
(3) pays all fees and costs incurred by the
				  Board as a result of any proceeding that led to the suspension or revocation.
				  This shall include, but not be limited to, attorney's fees and all costs
				  associated with the need to prosecute a Contested Case proceeding at the State
				  Office of Administrative Hearings and subsequent activities including
				  administrative and judicial appeals.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter K - HEARINGS-CONTESTED CASES › Section 5.241 - Formal Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  specifically indicated, the Administrative Procedure Act (APA) applies to all
				  Contested Cases involving matters under the jurisdiction of the
				  Board.
(b) The Rules of Procedure
				  of the State Office of Administrative Hearings (SOAH) apply to formal hearings
				  of Contested Cases conducted for the Board by a SOAH administrative law
				  judge.