reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter B - P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION › Section 851.85 - Contingent Emergency/Disaster Response Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of a declared emergency or
				  disaster, the Executive Director may implement one or more temporary measures,
				  as provided in this section, if the following conditions exist:
(1) The Governor of the State of Texas
				  declares a disaster under Government Code, §
											418.014,
				  or if the Executive Director determines that there is an emergency affecting
				  the public health, safety, and welfare; and
(2) the Executive Director, in consultation
				  with the TBPG Board Chairman, determines that enacting available temporary
				  measures is necessary in the specified disaster or emergency area.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.102 - Competence/Negligence

Current through Reg. 49, No. 28; July 12, 2024
(a) A Professional
				  Geoscientist or a Geoscience Firm shall undertake to perform a professional
				  service only when the Professional Geoscientist or Geoscience Firm, together
				  with those whom the Professional Geoscientist or Geoscience Firm shall engage
				  as consultants, are qualified by education and/or experience in the specific
				  technical areas involved. During delivery of a professional service, a
				  Professional Geoscientist or Geoscience Firm shall act with reasonable care and
				  competence and shall apply the technical knowledge and skill, which is
				  ordinarily applied by reasonably prudent Professional Geoscientists practicing
				  under similar circumstances and conditions.
(b) A Professional Geoscientist shall not
				  affix his/her signature or seal to any document dealing with subject matter in
				  which he/she is not qualified by education and/or experience to form a
				  reasonable judgment.
(c) A
				  Professional Geoscientist or a Geoscience Firm shall not engage in conduct or
				  perform professional geoscience services characterized by Gross Incompetence
				  including work that evidenced an inability or lack of skill or knowledge
				  necessary to discharge the duty and responsibility required of a Professional
				  Geoscientist or Geoscience Firm; or evidenced an extreme lack of knowledge of,
				  or an inability or unwillingness to apply, the principles or skills generally
				  expected of a reasonably prudent Professional Geoscientist or Geoscience
				  Firm.
(d) A Professional
				  Geoscientist who has been adjudicated mentally incompetent by a court may not
				  renew a license or engage in activities requiring a license under the
				  Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.103 - Recklessness

Current through Reg. 49, No. 28; July 12, 2024
(a) A Professional
				  Geoscientist or Geoscience Firm shall not practice geoscience in any manner
				  that, when measured by generally accepted geoscience standards or procedures,
				  does or is reasonably likely to result in the endangerment of public health,
				  safety, or welfare. Such practice is deemed to be "reckless."
(b) "Recklessness" shall include the
				  following practices:
(1) Conduct that
				  indicates that the Professional Geoscientist or Geoscience Firm 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 Professional Geoscientist or Geoscience Firm 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 Professional Geoscientist or Geoscience Firm and such failure
				  jeopardizes or has the potential to jeopardize public 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 a particular project when
				  such disregard jeopardizes or has the potential to jeopardize public health,
				  safety, or welfare.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.104 - Dishonest Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A Professional
				  Geoscientist, a Geoscientist-in-Training, or Geoscience Firm shall not directly
				  or indirectly perform an act, omit or allow an omission, make an assertion, or
				  otherwise engage in a practice in such a manner as to:
(1) Defraud;
(2) Deceive; or
(3) Create a misleading impression.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.105 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm has
				  any business association or financial interest that might reasonably appear to
				  influence the judgment of the Professional Geoscientist,
				  Geoscientist-in-Training, or Geoscience Firm in connection with the performance
				  of a professional geoscience service, and thereby jeopardize an interest of a
				  client or employer, the P.G., GIT, or Firm shall promptly inform the client or
				  employer in writing of the circumstances of the business association or
				  financial interest. Unless the client or employer provides written consent
				  after full disclosure regarding the circumstances of the business association
				  or financial interest, the Professional Geoscientist, Geoscientist-in-Training,
				  or Geoscience Firm shall either terminate the business association or financial
				  interest or forego the project or employment.
(b) A Professional Geoscientist,
				  Geoscientist-in-Training, or Geoscience Firm 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 Professional Geoscientist,
				  Geoscientist-in-Training, or Geoscience Firm 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 Professional Geoscientist,
				  Geoscientist-in-Training, or Geoscience Firm is performing or has contracted to
				  perform geoscience services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.106 - Responsibility to the Regulation of the Geoscience Profession and Public Protection

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Professional Geoscientists, Geoscientists-in-Training, and Geoscience Firms
				  shall be entrusted to protect the public in the practice of their
				  profession.
(b) A Professional
				  Geoscientist, a Geoscientist-in-Training, or Geoscience Firm 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 the rules of the TBPG;
(2) Aid or abet, directly or indirectly:
(A) Any unlicensed person in connection with
				  the unauthorized practice of professional geoscience;
(B) Any business entity in the practice of
				  professional geoscience unless carried on in accordance with the Act and this
				  chapter; 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
				  geoscience 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 that, if done by a Professional Geoscientist, a
				  Geoscientist-in-Training, or Geoscience Firm, would violate any provision of
				  the Act or the rules of the TBPG.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.107 - Prevention of Unauthorized Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A Professional Geoscientist, a
				  Geoscientist-in-Training, or Geoscience Firm shall not practice or offer to
				  practice geoscience in any governmental jurisdiction in which to do so would be
				  in violation of a law regulating the practice of geoscience in that
				  jurisdiction.
(b) A Professional
				  Geoscientist who fails to renew his/her license prior to its annual expiration
				  date shall not use the title, "Professional Geoscientist" or the initials,
				  "P.G." and shall not offer to or engage in the public practice of professional
				  geoscience or otherwise engage in activities that require a license until after
				  the Professional Geoscientist's license has been properly renewed.
(c) A Geoscience Firm that fails to renew its
				  Geoscience Firm registration prior to its annual expiration date shall not use
				  the title, "Geoscience Firm" and shall not offer to or engage in the public
				  practice of geoscience as defined by the Texas Occupations Code §
										1002.002 until after
				  the Geoscience Firm's registration has been properly renewed.
(d) A Geoscientist-in-Training who fails to
				  renew his/her certification prior to its annual expiration date shall not use
				  the title, "Geoscientist-in-Training" until after the
				  Geoscientist-in-Training's certification has been properly renewed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.108 - Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The TBPG
				  will adhere to the provisions of Texas Occupation Code (TOC) Chapter 53
				  regarding the review of criminal convictions and certain deferred adjudications
				  in regard to actions taken against an Applicant for a license or a license
				  holder as a consequence of criminal conviction or certain deferred
				  adjudications, as specified in TOC Chapter 53.
(b) Crimes directly related to the duties and
				  responsibilities of a Professional Geoscientist include any crime that reflects
				  a lack of fitness for professional licensure or a disregard of the standards
				  commonly upheld for the practice of professional geoscience, such as the
				  following:
(1) Criminal negligence;
(2) Soliciting, offering, giving, or
				  receiving any form of bribe;
(3)
				  The unauthorized use of property, funds, or proprietary information belonging
				  to a client or employer;
(4) Acts
				  relating to the malicious acquisition, use, or dissemination of confidential
				  information related to geoscience; and
(5) Any intentional violation as an
				  individual or as a consenting person of any provision of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.109 - Substance Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) If in the course
				  of a disciplinary proceeding, the Appointed Board finds that a Professional
				  Geoscientist's abuse of alcohol or a controlled substance, as defined by the
				  Texas Controlled Substances Act, Chapter 481, Texas Health and Safety Code,
				  contributed to a violation of the TBPG Act or rules, the Appointed Board may
				  condition its disposition of the disciplinary matter on the Professional
				  Geoscientist's completion of a rehabilitation program approved by the
				  Department of State Health Services.
(b) A Professional Geoscientist's abuse of
				  alcohol or a controlled substance that results in the impairment of the
				  Professional Geoscientist's professional skill so as to cause or potentially
				  cause a threat to the public health, safety, and welfare may be deemed "Gross
				  Incompetency" and may be grounds for revocation or suspension of a Professional
				  Geoscientist's license or other appropriate disciplinary actions provided by
				  the Act.
(c) To determine whether
				  abuse of alcohol or a controlled substance contributed to a violation or
				  whether the continued professional practice of a licensee is a threat to the
				  public safety the Appointed Board may order an examination by one or more
				  licensed health care providers authorized to provide diagnosis or treatment of
				  substance abuse.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.110 - Effect of Enforcement Proceedings on Application

Current through Reg. 49, No. 28; July 12, 2024
In accordance with §1002.401(b) of the Act, the TBPG
					 may not issue a license pending the disposition of a complaint alleging a
					 violation in Texas or another state if the TBPG has notice of the alleged
					 violation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.111 - Professional Geoscientists Shall Maintain Confidentiality of Clients

Current through Reg. 49, No. 28; July 12, 2024
(a) A Professional
				  Geoscientist, Geoscientist-in-Training, or Geoscience Firm may reveal
				  confidences and private information only with a fully informed client's or
				  employer's consent, or when required by law, rule or court order; or when those
				  confidences, if left undisclosed, would constitute a threat or potential threat
				  to public health, safety, and welfare.
(b) A Professional Geoscientist,
				  Geoscientist-in-Training, or Geoscience Firm shall not use a confidence or
				  private information regarding a client or employer to the disadvantage of such
				  client or employer or for the advantage of another person.
(c) A Professional Geoscientist, GIT or
				  Geoscience Firm shall exercise reasonable care to prevent unauthorized
				  disclosure or use of private information or confidences concerning a client or
				  employer by the Professional Geoscientist's or Geoscience Firm's employees and
				  associates.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.112 - Required Reports to the TBPG

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Professional Geoscientist (P.G.), Geoscientist-in-Training (GIT), or a
				  Geoscience Firm (Firm) shall make written reports to the TBPG office of changes
				  to any of the following within thirty (30) days of the following, as
				  applicable:
(1) A description of and the
				  effective date of the change;
(2)
				  Physical or mailing address of record, electronic mail address, telephone or
				  facsimile number, or other contact information (include P.G. license number
				  and/or Firm number or GIT certificate number as applicable);
(3) Changes to a P.G. or GIT's employment
				  (e.g. leaving a firm or starting employment with a new firm, etc.);
(4) Any changes in a firm's name (legal trade
				  name or business entity name), the Authorized Official of the Firm (AOF), the
				  firm's owners, officers, or directors, changes in operation including firm
				  type, dissolution of the firm, branches or subsidiary offices of the firm that
				  no longer offers to provide or is not providing professional geoscience
				  services to the public in Texas;
(5) Professional Geoscientist(s) employed by
				  the firm or leaving the firm;
(6)
				  Professional Geoscientist(s) who serve as the P.G. in Responsible Charge for
				  the firm or any branch offices;
(7)
				  Employment status of the P.G.s of the firm;
(A) Operation including dissolution of the
				  firm or that the firm no longer offers to provide or is not providing
				  professional geoscience services to the public in Texas; or
(B) Operation including addition or
				  dissolution of branch and/or subsidiary offices.
(8) Notice as provided in subsection (d) of
				  this section shall include, as applicable, the:
(A) Full legal trade or business name
				  entity;
(B) The firm registration
				  number;
(C) Telephone number of the
				  business office;
(D) Name and
				  license number of the license holder employed by or leaving the
				  entity;
(E) Description of the
				  change; and
(F) Effective date of
				  this change.
(9) A
				  criminal conviction, other than a Class C misdemeanor traffic offense, of the
				  licensee or Geoscientist-in-Training;
(10) The settlement of or judgment rendered
				  in a civil or criminal lawsuit filed against the licensee or Firm relating to
				  the P.G.'s or Firm's professional geoscience services; or
(11) Final disciplinary or enforcement
				  actions against the P.G., GIT, or Firm taken by a licensing or certification
				  body related to the practice of professional geoscience when known by the
				  licensee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter C - CODE OF PROFESSIONAL CONDUCT › Section 851.113 - Duty to Abide by Board Order and Timely Pay Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) All persons who
				  are the subject of a Board order shall abide by the terms of that order.
				  Failure to abide by the terms of a Board order is grounds for disciplinary
				  action.
(b) All persons who are
				  assessed an administrative penalty must pay the administrative penalty not
				  later than the 30th day after the date the Board's order becomes final or they
				  must timely satisfy section
				  1002.454(b)
				  of the Texas Occupations Code.
(c)
				  Failure to timely pay an administrative penalty is grounds for disciplinary
				  action. This subsection does not apply if a person timely complies with section
				  1002.454(b)
				  of the Texas Occupations Code regarding staying the enforcement of the
				  administrative penalty at issue.
(d) The Appointed Board may deny a person's
				  request for a license, registration or certification, or the renewal of a
				  license, registration, or certification if the person has failed to timely pay
				  an administrative penalty.
(e) When
				  a person pays money to the TBPG, the TBPG may first apply that money to
				  outstanding administrative penalties owed by that person before applying it to
				  any other fee or cost.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter D - COMPLIANCE AND ENFORCEMENT › Section 851.151 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) The Appointed
				  Board is charged with the responsibility of enforcing the Act. Through the
				  TBPG, the Appointed Board enforces the requirement of licensure as specified in
				  the Act, the requirement of Geoscience Firm registration as specified in the
				  Act, and all other requirements in the Act, the Code of Professional Conduct
				  and other TBPG rules under the authority of the Act. Unless the person is
				  licensed by the TBPG, a person may not:
(1)
				  Use the term "Licensed Professional Geoscientist, " "Professional
				  Geoscientist," or the initials "P.G." as part of a professional, business, or
				  commercial identification or title; or
(2) Otherwise represent to the public that
				  the person is qualified to:
(A) Practice as a
				  geoscientist; or
(B) Engage in the
				  practice of geoscience for the public, including individuals, corporations,
				  governments or courts.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter D - COMPLIANCE AND ENFORCEMENT › Section 851.152 - Firm Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  registered with the TBPG or exempt from Firm registration requirements under
				  TOC §1002.351, an individual, firm, or corporation may not represent to
				  the public that the individual, firm, or corporation is a licensed geoscientist
				  or able to perform geoscience services or prepare a geoscientific report,
				  document, or other record that requires the seal of a Professional
				  Geoscientist.
(b) The Appointed
				  Board may revoke a certificate of registration that was obtained in violation
				  of the Act and/or TBPG rules including, but not limited to, fraudulent or
				  misleading information submitted in the application.
(c) A business entity or sole practitioner
				  that is not registered with the TBPG may not represent to the public by way of
				  letters, signs, or symbols as a part of any sign, directory, listing, contract,
				  document, pamphlet, stationery, advertisement, signature, or business name that
				  it is engaged in the public practice of geoscience by using the terms:
(1) "Professional Geoscientist;"
(2) "licensed geoscientist;"
(3) "registered geoscientist;"
(4) "licensed Professional
				  Geoscientist;"
(5) "registered
				  Professional Geoscientist;" or
(6)
				  any abbreviation or variation of those terms listed in paragraphs (1) - (5) of
				  this subsection, or directly or indirectly use or cause to be used any of those
				  terms in combination with other words.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter D - COMPLIANCE AND ENFORCEMENT › Section 851.153 - Professional Geoscientist Compliance

Current through Reg. 49, No. 28; July 12, 2024
Any Professional Geoscientist who directly or indirectly
					 enters into any contract, arrangement, plan, or scheme with any person, firm,
					 partnership, association, or corporation or other business entity which in any
					 manner results in a violation of §
										851.152 of this
					 chapter shall be subject to legal and disciplinary actions available to the
					 Appointed Board. Professional Geoscientists shall perform or directly supervise
					 the geoscience services of any subordinates, including GITs.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter D - COMPLIANCE AND ENFORCEMENT › Section 851.155 - Actions Following Certain Notifications Regarding Child Support Delinquency

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with the Family Code Chapter 232, on receipt of a final order from a
				  court or the Title IV-D agency suspending a license, the Board staff shall
				  immediately determine if the TBPG has issued a license to the individual named
				  on the order and, if a license has been issued, Board staff shall suspend the
				  license and record the suspension of the license in the TBPG's licensing
				  records.
(b) Board staff shall
				  implement the terms of a final order suspending license without additional
				  review or hearing. Board staff shall provide notice of the suspension to the
				  license holder and to any employers on record with the TBPG.
(c) A licensee whose license has been
				  suspended under this section is not entitled to a refund for any fee paid to
				  the licensing authority.
(d) On
				  receipt of an order from a court or the Title IV-D agency vacating or staying
				  an order suspending a license, Board staff shall promptly reinstate the
				  suspended license. If the reinstated license is expired, Board staff shall
				  provide a renewal notice to the licensee and provide for the license to be
				  renewable online. Board staff shall provide notice of the reinstatement to the
				  license holder's employers on record with the TBPG, upon a written request and
				  payment of a license verification fee.
(e) In accordance with the Family Code
				  Chapter 232, on receipt of a notice from a child support agency, as defined by
				  Texas Family Code, §
										101.004
				  concerning an obligor who has failed to pay child support under a support order
				  for six months or more that requests the authority to refuse to approve an
				  application for issuance of a license to the obligor or renewal of an existing
				  license of the obligor, Board staff shall refuse to approve an application for
				  issuance of a license to the obligor or renewal of an existing license of the
				  obligor until the authority is notified by the child support agency that the
				  obligor has:
(1) paid all child support
				  arrearages;
(2) made an immediate
				  payment of not less than $200 toward child support arrearages owed and
				  established with the agency a satisfactory repayment schedule for the remainder
				  or is in compliance with a court order for payment of the arrearages;
(3) been granted an exemption from
				  this subsection as part of a court-supervised plan to improve the obligor's
				  earnings and child support payments; or
(4) successfully contested the denial of
				  issuance or renewal of license under Texas Family Code § 232.1035(d).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter D - COMPLIANCE AND ENFORCEMENT › Section 851.157 - Complaints and Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Who
				  may file a complaint. A complaint may be filed with the TBPG by a member of the
				  public, a member of the Appointed Board, or by Board staff. Also, a state
				  agency that becomes aware of a potential violation of the Act or a rule adopted
				  by the Appointed Board may fulfill the requirements of the Act in Texas
				  Occupations Code, §
										1002.207,
				  by filing a formal complaint with the TBPG or providing the information
				  relating to the potential violation in writing to Board staff.
(b) How to file a complaint. Complaints
				  should be filed with the Secretary-Treasurer of the Appointed Board at the
				  office of the TBPG or electronically through the TBPG's website. The TBPG
				  provides a complaint form that should be used to file a complaint.
(c) Whom complaints may be filed against. A
				  complaint may be filed against any person or entity who: holds a Professional
				  Geoscientist license issued by the TBPG, is a registered Geoscience Firm, or
				  holds a certificate as a Geoscientist-in-Training issued by the TBPG. A
				  complaint may also be filed against a person or firm that is not licensed or
				  registered with the TBPG alleging that the person or firm has engaged in the
				  unlicensed or unregistered public practice or offering of geoscience services
				  in Texas.
(d) A complaint must be
				  filed within two (2) years of the event giving rise to the complaint. The event
				  giving rise to the complaint is an event from which a concern with geoscience
				  work completed becomes apparent. Complaints filed after the above stated period
				  will not be acted upon by the TBPG unless the Complainant can show good cause
				  for the late filing.
(e) Complaints
				  and investigations under this chapter are of two types:
(1) Complaints received from a member of the
				  public; and
(2) Complaints and
				  investigations that are initiated by the Board staff or an Appointed Board
				  Member as a result of information that may indicate a violation that becomes
				  known to the Board staff or an Appointed Board Member.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter D - COMPLIANCE AND ENFORCEMENT › Section 851.158 - Procedures

Current through Reg. 49, No. 28; July 12, 2024
Procedures generally. Except for a suspension under TOC
					 §1002.403(3), the procedures for investigation and dispensation of
					 complaints are as follows:
(1) Staff
				  action.
(A) Verify that the complaint meets
				  legal requirements;
(B) Verify the
				  identity of the complainant (if complaint is not notarized);
(C) Open complaint and set up complaint
				  record;
(D) Review complaint for
				  TBPG jurisdiction;
(E) Review for
				  imminent danger to the public health, safety, or welfare;
(F) Prioritize complaint as required by TOC
				  §1002.154;
(G) Provide
				  acknowledgement and notification to complainant;
(H) Investigate complaint and complete
				  confidential investigation report; and
(I) Dismiss, with or without advisement,
				  complaints that are meritless, non-jurisdictional, or that do not involve a
				  threat or potential threat to public health, safety, and welfare, with the
				  exception of complaints that involve violations of the continuing education
				  requirement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter D - COMPLIANCE AND ENFORCEMENT › Section 851.159 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Appointed
				  Board may impose appropriate sanctions against a Professional Geoscientist,
				  Geoscientist-in-Training, or Geoscience Firm, as applicable, for:
(1) The practice of fraud or deceit in
				  obtaining a Professional Geoscientist license, Geoscientist-in-Training
				  certification, or Geoscience Firm registration;
(2) Incompetence, misconduct, fraud, gross
				  negligence, or repeated incidents of negligence in the public practice of
				  geoscience;
(3) Conviction of a
				  license holder or GIT of a crime involving moral turpitude or a
				  felony;
(4) The imposition of an
				  administrative or civil penalty or a criminal fine, or imprisonment or
				  probation instead of a fine, for a misdemeanor relating to or arising out of
				  the public practice of geoscience;
(5) The issuance of a cease and desist order
				  or a similar sanction relating to, or arising out of, the public practice of
				  geoscience;
(6) Using the seal of
				  another license holder, or using or allowing the use of the license holder's
				  seal on geoscientific work not performed by or under the supervision of the
				  license holder;
(7) Aiding or
				  abetting a person or firm in a violation of this chapter;
(8) The revocation or suspension of a license
				  or firm registration, the denial of renewal of a license or registration, or
				  other disciplinary action taken by a state agency, Board of registration, or
				  similar licensing agency for Professional Geoscientists,
				  Geoscientists-in-Training, Geoscience Firms, or a profession or occupation
				  related to the public practice of geoscience;
(9) Practicing or offering to practice
				  geoscience or representing to the public that the person or the person's firm
				  or corporation is licensed or registered or qualified to practice geoscience if
				  the person or firm is not licensed or registered under the Act or the person's
				  firm or corporation does not employ a Professional Geoscientist as required
				  under the Act;
(10) Violating the
				  Act, a rule adopted under the Act, including the Code of Professional Conduct,
				  or a comparable provision of the laws or rules regulating the practice of
				  geoscience in another state or country.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter E - HEARINGS-CONTESTED CASES AND JUDICIAL REVIEW › Section 851.201 - Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
The State Office of Administrative Hearings shall conduct
					 all formal hearings and contested cases in accordance with the Administrative
					 Procedure Act (APA), Chapter 2001, Texas Government Code and Texas
					 Administrative Code, Title 1, Chapter 155.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter E - HEARINGS-CONTESTED CASES AND JUDICIAL REVIEW › Section 851.202 - Extensions of Time

Current through Reg. 49, No. 28; July 12, 2024
The Executive Director may enter into an agreement with
					 parties to a contested case to modify time limits as provided under the
					 Administrative Procedure Act (APA), Texas Government Code §
										2001.147.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter E - HEARINGS-CONTESTED CASES AND JUDICIAL REVIEW › Section 851.204 - Costs of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person files a suit for judicial
				  review of an agency decision in a contested case, the TBPG shall request that
				  the contested-case hearing be transcribed.
(b) Costs. The costs of transcribing the
				  contested-case hearing and preparing the record for appeal in a suit for
				  judicial review shall be paid by the party who appeals to district
				  court.
(c) Documentation of costs.
				  Documentation supporting the costs of transcribing the testimony in a
				  contested-case proceeding and preparing the record for appeal shall be included
				  in the administrative record or filed with the court.
(d) Recovery as court costs. The costs of
				  transcribing the testimony in a contested-case proceeding and preparing the
				  record for appeal in a suit for judicial review may be recovered as court
				  costs.
(e) Additionally and
				  alternatively, failure to timely pay the cost of transcribing the
				  contested-case hearing is grounds for disciplinary action, and payment of the
				  cost of transcribing the contested-case hearing is due no later than 60 days
				  after the TBPG sends a request for payment and copy of the documentation of
				  costs to the respondent's last known address as shown by the TBPG's records or
				  to the respondent's attorney, if any.
(f) The TBPG may deny a person's request to
				  issue or renew a license, registration, or certification if the person has
				  failed to pay the cost of transcribing the contested-case hearing.
(g) When a person pays money to the TBPG, the
				  TBPG may first apply that money to outstanding transcript costs owed by that
				  person before applying it to any other fee or cost.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter E - HEARINGS-CONTESTED CASES AND JUDICIAL REVIEW › Section 851.220 - Judicial Review Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  timely motion for rehearing is a prerequisite to judicial review and must be
				  filed in accordance with chapter 2001 of the Texas Government Code.
(b) The motion for rehearing may be filed by
				  mail to the Board's mailing address, in person at the Board's street address,
				  or by fax to the Board's fax number.
(c) Standard for rehearing following a
				  default dismissal. In the event that the respondent wishes to contest a final
				  order issued following a default, the respondent must timely file a motion for
				  rehearing as provided by Chapter 2001 of the Texas Government Code, and the
				  motion for rehearing must show the following:
(1) the default was neither intentional nor
				  the result of conscious indifference;
(2) the respondent has a meritorious
				  defense;
(3) a new hearing will not
				  harm TBPG; and
(4) the motion for
				  rehearing must be supported by affidavits and documentary evidence of the above
				  and show a prima facie case for a meritorious defense.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of
					 Occupations Code, Chapter 507, and applies to each member
					 board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  definitions are generally applicable throughout the agency's rules and
				  policies:
(1) The term "ALJ" as used herein
				  shall refer to an administrative law judge employed by SOAH.
(2) The terms "Chapter 501," "Chapter 502,"
				  "Chapter 503," "Chapter 505," and "Chapter 507" as used herein shall refer to
				  the corresponding chapter in the Occupations Code.
(3) The term "Executive Council" or "Council"
				  as used herein shall refer to the Texas Behavioral Health Executive Council
				  (BHEC).
(4) The term "member board"
				  as used herein shall refer to:
(A) The Texas
				  State Board of Examiners of Marriage and Family Therapists (TSBEMFT);
(B) The Texas State Board of Examiners of
				  Professional Counselors (TSBEPC);
(C) The Texas State Board of Examiners of
				  Psychologists (TSBEP); or
(D) The
				  Texas State Board of Social Worker Examiners (TSBSWE).
(5) The term "PFD" as used herein shall refer
				  to a proposal for decision issued by an ALJ.
(6) The terms "professional development" and
				  "continuing education" as used herein have the same meaning.
(7) The term "SOAH" as used herein shall
				  refer to the State Office of Administrative Hearings.
(8) The term "TAC" as used herein shall refer
				  to the Texas Administrative Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.3 - Council and Board Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Every regular, special, or called meeting of the Council or a member board
				  shall be open to the public as provided by the Government Code, Chapter 551
				  ("the Open Meetings Act").
(b) A
				  quorum for the Council or a member board shall consist of a majority of all the
				  respective members as designated by statute. When a quorum is present, a motion
				  before the body is carried by an affirmative vote of the majority of the
				  members present and participating in the vote.
(c) The presiding officers of the Council and
				  member boards may make and second motions, as well as vote on any matter
				  brought before their respective body without the necessity of relinquishing the
				  chair.
(d) The Council and each
				  member board shall provide the public with a reasonable opportunity to appear
				  before the respective body and offer public comment on any issue under the
				  Council's or member board's jurisdiction. Persons wishing to offer public
				  comment must sign in at the beginning of the meeting and may speak during the
				  public comment portion of the meeting. The presiding officer shall maintain
				  decorum and orderly proceedings, and may limit the time allowed for each
				  individual providing public comment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.4 - Council Member Terms

Current through Reg. 49, No. 28; July 12, 2024
(a) The terms
				  for the Council members selected by the Texas State Board of Examiners of
				  Psychologists and the Texas State Board of Social Worker Examiners shall expire
				  as follows:
(1) for professional members, on
				  February 1st of odd years; and
(2)
				  for public members, on February 1st of even years.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.6 - Limited Delegation of Executive Council Authority to Member Boards

Current through Reg. 49, No. 28; July 12, 2024
By rule, policy, or custom, the Council may delegate to a
					 member board any responsibility or authority not exclusively reserved to the
					 Council in statute. The Council retains responsibility and oversight for any
					 decisions or actions undertaken by a member board under this grant of
					 authority. The Council may reverse, modify, or refer any decisions or actions
					 taken by a member board under the authority of this rule back to that member
					 board for further action or consideration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.7 - Unofficial Statements and Decisions

Current through Reg. 49, No. 28; July 12, 2024
Statements and decisions made by an individual Council or
					 board member, an advisory committee member, or a member of the agency staff are
					 not binding on the Council, or its member boards, when conducting agency
					 business, unless otherwise stated in these rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.8 - Former Council or Board Members

Current through Reg. 49, No. 28; July 12, 2024
(a) A Council or board member whose term has
				  expired and who has ceased to serve will not be employed or utilized to
				  represent the Council or one of its member boards for two years after the
				  member's service has ended.
(b) A
				  former Council or board member may not represent that the member is an official
				  or unofficial representative of the Council or one of its member boards. Any
				  such representations are not binding in any way.
(c) A former Council or board member may not
				  disclose confidential or privileged information obtained during the member's
				  service on the Council or board. Such disclosure is deemed unprofessional
				  conduct and is grounds for disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.9 - Prohibition Against Dual Office Holding

Current through Reg. 49, No. 28; July 12, 2024
(a) The Executive Director and appointed
				  members of the agency (i.e., Council and board members) may not accept an offer
				  to serve in another non-elective office unless they first obtain from the
				  Council or their respective member board, a finding that the member has
				  satisfied Article XVI, §40, of the Texas Constitution.
(b) The Council or board must make a written
				  record of any finding under subsection (a) of this section. The finding must
				  include any compensation that the member or Executive Director receives from
				  holding the additional office, including salary, bonus, or per diem
				  payment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.10 - Conflict Between Other Laws and Council Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of a conflict between a
				  Council rule and the state or federal constitution, a state or federal statute,
				  or a rule, guideline, or requirement promulgated by a federal office or agency,
				  the state or federal law, guideline, or requirement shall control.
(b) In the event of a conflict between a rule
				  in 22 TAC Part 41 and Parts 21, 30, 34, and 35; the rules in Part 41 shall
				  prevail.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.11 - Access to Agency Records by Appointed Members

Current through Reg. 49, No. 28; July 12, 2024
(a) Each member of the Council is entitled to
				  access all information and records written, produced, collected, assembled, or
				  maintained by the Council or a member board, including confidential
				  information. The access granted under this subsection is limited to official
				  agency business only.
(b) Each
				  member of an underlying board is entitled to access all information and records
				  written, produced, collected, assembled, or maintained by the member's
				  respective board, including confidential information. The access granted under
				  this subsection is limited to official agency business only.
(c) A request for access to information or
				  records by a Council or board member must be directed to the Executive
				  Director. If the request for access relates to the Executive Director, the
				  request may be directed to the presiding officer for the Council and the
				  General Counsel.
(d)
				  Notwithstanding the foregoing, a Council or board member may not access any
				  confidential, non-public, or proprietary examination materials if the member
				  intends to apply for or is a current applicant for licensure with this
				  agency.