reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter D - FIRM AND GOVERNMENT ENTITY COMPLIANCE › Section 138.73 - Firm Record Modifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  registered surveying firm shall notify the board in writing not later than 30
				  days after a change in the business entity's:
(1) physical or mailing address, electronic
				  mail address, telephone or facsimile number or other contact
				  information;
(2) officers or
				  directors;
(3) employment status of
				  the professional surveyors of the firm;
(4) operation including dissolution of the
				  firm or if the firm no longer offers to provide or is not providing surveying
				  services to the public in Texas; or
(5) operation including addition or
				  dissolution of branch and/or subsidiary offices.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter D - FIRM AND GOVERNMENT ENTITY COMPLIANCE › Section 138.75 - Registration Renewal And Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  certificate of registration shall be valid until December 31 of the year
				  registered. The board shall notify each firm holding a certificate of
				  registration of the date of the expiration and the amount of the fee that shall
				  be required for its renewal for one year, at least one month in advance of the
				  date of the expiration. The renewal notice shall be mailed to the last address
				  provided by the firm to the board. The certificate of registration may be
				  renewed by completing the renewal application and paying the annual
				  registration renewal fee set by the board. It is the sole responsibility of the
				  firm to pay the required renewal fee prior to the expiration date, regardless
				  of whether the renewal notice is received.
(b) A certificate of registration which has
				  been expired for less than one year may be renewed by completing the renewal
				  statement sent by the board and payment of two (2) times the normal renewal
				  fee. When renewing an expired certificate of registration, the authorized
				  official of the firm shall submit a written a statement of whether surveying
				  services were offered, pending, or performed for the public in Texas during the
				  time the certificate of registration was expired.
(c) If a certificate of registration has been
				  expired for more than one year, the firm must re-apply for certification under
				  the laws and rules in effect at the time of the new application and shall be
				  issued a new certificate of registration serial number if the new application
				  is approved.
(d) The renewal fee
				  will not be refunded.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter D - FIRM AND GOVERNMENT ENTITY COMPLIANCE › Section 138.77 - Firm Registration Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  firm or other business entity shall not offer or perform surveying services to
				  the public unless registered with the board, pursuant to the requirements of
				  Chapter 136 of this title (relating to Firm Registration).
(b) A firm shall provide that at least one
				  full-time active registration holder is employed with the entity and that an
				  active registration holder performs or directly supervises all surveying work
				  and activities that require a registration that are performed in the primary,
				  branch, remote, or project office(s).
(c) An active registration holder who is a
				  sole practitioner shall satisfy the requirement of the regular, full-time
				  employee.
(d) No surveying services
				  are to be offered to or performed for the public in Texas by a firm while that
				  firm does not have a current certificate of registration.
(e) A business entity that offers or is
				  engaged in the practice of surveying in Texas and is not registered with the
				  board or has previously been registered with the board and whose registration
				  has expired shall be considered to be in violation of the Act and board rules
				  and will be subject to administrative penalties as set forth in the Act and
				  board rules.
(f) The board may
				  revoke a certificate of registration that was obtained in violation of the Act
				  and/or board rules including, but not limited to, fraudulent or misleading
				  information submitted in the application or lack of employee relationship with
				  the designated professional surveyor for the firm.
(g) If a firm has notified the board that it
				  is no longer offering or performing surveying services to the public, including
				  the absence of a regular, full-time employee who is an active professional
				  surveyor registered in Texas, the certificate of registration record will be
				  placed in inactive status until the board is notified of resumed offering and
				  performing of services. If the firm certificate of registration is inactive,
				  the certificate of registration will expire under the same requirements of
				  subsection (e) of this section unless renewed.
(h) All surveying documents released, issued,
				  or submitted by or for a registered surveying firm, including preliminary
				  documents, must clearly indicate the firm name and registration
				  number.
(i) A firm registered under
				  Chapter 136 of this title may voluntarily surrender the registration by
				  submitting a request in writing provided that the firm:
(1) is in good standing; and
(2) does not have an enforcement case pending
				  before the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter D - FIRM AND GOVERNMENT ENTITY COMPLIANCE › Section 138.79 - Standards For Compliance With Professional Services Procurement Act

Current through Reg. 49, No. 28; July 12, 2024
When procuring professional surveying services, a
					 governmental entity and/or its representative(s) shall comply with the
					 requirements of Subchapter A, Chapter 2254, Texas Government Code and shall
					 select and award on the basis of demonstrated competence and qualifications to
					 perform the services for a fair and reasonable price and shall not select
					 services or award contracts on the basis of competitive
					 bidding.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.81 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
Professional land surveying performed in Texas, unless
					 otherwise specifically exempted herein, shall meet or exceed the requirements
					 of these standards. The Board considers any survey, the purpose of which is to
					 delineate, segregate, separate, or partition any interest in real property of
					 any kind, under these standards except when prepared pursuant to § 138.93
					 of this title (relating to Subdivision Plat).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.83 - Precision and Accuracy

Current through Reg. 49, No. 28; July 12, 2024
Survey measurements shall be made with equipment and
					 methods of practice capable of attaining the accuracy and tolerances required
					 by the professional land surveying services being performed. Areas, if
					 reported, shall be produced, recited, and/or shown only to the least
					 significant number compatible with the precision of closure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.85 - Boundary Construction

Current through Reg. 49, No. 28; July 12, 2024
When delineating a boundary line as an integral portion of
					 a survey, the land surveyor shall:
(1) Respect junior/senior rights for boundary
				  retracement;
(2) Follow the
				  footsteps of the original land surveyor;
(3) Follow the documented records of the land
				  title affecting the boundaries being surveyed;
(A) Rely on the appropriate deeds and/or
				  other documents including those for adjoining parcels for the location of the
				  boundaries of the subject parcel(s).
(B) A land surveyor assuming the
				  responsibility of performing a land survey also assumes the responsibility for
				  such research of adequate thoroughness to support the determination of the
				  location of the boundaries of the land being surveyed. The land surveyor may
				  rely on record data related to the determination of boundaries furnished for
				  the registrants' use by a qualified provider, provided the registrant
				  reasonably believes such data to be sufficient and notes, references, or
				  credits the documentation by which it is furnished.
(C) All boundaries shall be connected to
				  identifiable physical monuments related to corners of record dignity. In the
				  absence of such monumentation the land surveyor's opinion of the boundary
				  location shall be supported by other appropriate physical evidence, which shall
				  be explained in a land surveyor's sketch or written report.
(D) Shall review the record instruments that
				  identify the adjacent properties researched to prepare the boundary and cite
				  the record instruments on the drawing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.87 - Monumentation

Current through Reg. 49, No. 28; July 12, 2024
(a) All monuments set by registered
				  professional land surveyors shall be set at sufficient depth to retain a stable
				  and distinctive location and be of sufficient size to withstand the
				  deteriorating forces of nature and shall be of such material that in the land
				  surveyor's judgment will best achieve this goal.
(b) When delineating a property or boundary
				  line as an integral portion of a survey, the land surveyor must set, or leave
				  as found, an adequate quantity of monuments of a stable and reasonably
				  permanent nature to represent or reference the property or boundary corners.
				  All survey markers shall be shown and described with sufficient evidence of the
				  location of such markers on the land surveyors' drawing, written description or
				  report.
(c) All metes and bounds
				  descriptions prepared as an exhibit to be used in easements shall be tied to
				  corners of record related to the boundary of the affected tract in accordance
				  with subsection (b) of this section.
(d) Where practical, all monuments set by a
				  Professional Land Surveyor to delineate or witness a boundary corner shall be
				  marked in a way that is traceable to the responsible registrant or associated
				  employer.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.89 - Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) If the land surveyor certifies, or
				  otherwise indicates, that his/her product or service meets a standard of
				  practice in addition to that promulgated by the board, then the failure to so
				  meet both standards may be considered by the board, for disciplinary purposes,
				  to be misleading the public.
(b) A
				  land surveyor shall certify only to factual information that the land surveyor
				  has knowledge of or to information within his professional expertise as a land
				  surveyor unless otherwise qualified.
(c) Registered professional land surveyors
				  may certify, using the registrant's signature and official seal, services which
				  are not within the definition of professional land surveying as defined in the
				  Act, provided that such certification does not violate any Texas or federal
				  law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.91 - Survey Drawing/Written/Description/Report

Current through Reg. 49, No. 28; July 12, 2024
(a) All reports shall delineate the
				  relationship between record monuments and the location of the boundaries
				  surveyed; such relationship shall be shown on the survey drawing, if a drawing
				  is prepared, and/or separate report and recited in the description with the
				  appropriate record references recited thereon and therein.
(b) Every description prepared for the
				  purpose of defining boundaries shall provide a definite and unambiguous
				  identification of the location of such boundaries and shall describe all
				  monuments found or placed.
(c)
				  Courses shall be referenced by notation upon the survey drawing to an
				  identifiable and monumented line or an established geodetic system for
				  directional control.
(d) The survey
				  drawing shall bear the firm name and firm registration number, the land
				  surveyor's name, address, and phone number who is responsible for the land
				  survey, his/her official seal, his/her original signature per Subchapter B of
				  this chapter (Sealing Requirements), and date surveyed.
(e) Boundary monuments found or placed by the
				  land surveyor shall be described upon the survey drawing. The land surveyor
				  shall note upon the survey drawing, which monuments were found, which monuments
				  were placed as a result of his/her survey, and other monuments of record
				  dignity relied upon to establish the corners of the property
				  surveyed.
(f) If any report
				  consists of more than one part, each part shall note the existence of the other
				  part or parts.
(g) If a land
				  surveyor provides a written narrative in lieu of a drawing/sketch to report the
				  results of a survey, the written narrative shall contain sufficient information
				  to demonstrate the survey was conducted in compliance with the Act and rules of
				  the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.93 - Subdivision Plat

Current through Reg. 49, No. 28; July 12, 2024
When submitting a subdivision plat to a political
					 subdivision of this state for review and recording, the surveyor shall apply
					 and adhere to the Surveying Act and board rules when establishing or
					 delineating the perimeter boundary of the purposed subdivision. The surveyor
					 shall abide byand conform to the provisions of the state code and any local
					 codes and ordinances as to any other platting requirements.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.95 - Descriptions Prepared for Political Subdivisions

Current through Reg. 49, No. 28; July 12, 2024
A registrant or licensee may prepare, sign, and seal a
					 metes and bounds description from public land title records upon satisfying all
					 of the following minimum conditions:
(1) The description is prepared for a
				  political subdivision of the state (which is defined as a county, city,
				  district, or other body politic of the state having a jurisdiction over only a
				  portion of the state) for the sole purpose of defining or modifying the
				  boundaries of the political subdivision.
(2) The description must be unambiguous and
				  locatable on the ground by ordinary surveying procedures;
(3) Any record monument or physical
				  monumentation called for in the description must be in place at the time the
				  surveyor prepares the description and the surveyor must have personal knowledge
				  of such monument sufficient to give a proper current description for the
				  monument and its accessories;
(4)
				  The surveyor signing the work must have performed an on the ground survey to
				  support any course and distance recited in the description, except that the
				  description may quote courses and distances from recorded documents (such as
				  deeds) as long as the recording reference for any recited document is also
				  quoted in the description; and
(5)
				  Any survey document prepared under this rule shall bear a note as follows:
				  "This document was prepared under 22 Texas Administrative Code § 138.95,
				  does not reflect the results of an on the ground survey, and is not to be used
				  to convey or establish interests in real property except those rights and
				  interests implied or established by the creation or reconfiguration of the
				  boundary of the political subdivision for which it was prepared."
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 138 - COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS › Subchapter E - PROFESSIONAL AND TECHNICAL STANDARDS › Section 138.97 - Easement Depiction

Current through Reg. 49, No. 28; July 12, 2024
(a) An easement
				  depiction prepared by any person registered or licensed under the Surveying Act
				  shall adhere to all rules promulgated by the board except where:
(1) the easement area can be clearly
				  ascertained without reference to a metes and bounds description of the
				  easement; and
(2) the easement does
				  not bisect or protrude into the tract (leaving non-easement areas on opposite
				  sides of the easement strip).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter A - ENFORCEMENT AUTHORITY › Section 139.1 - General

Current through Reg. 49, No. 28; July 12, 2024
The board will conduct inquiries into situations which
					 allegedly violate the requirements of the Engineering or Surveying Acts and
					 board rules concerning the practice of engineering or land surveying;
					 representations which imply the legal capacity to offer or perform engineering
					 or land surveying services for the public; and situations which are considered
					 by the board to pose or have caused harm to the public. Situations that
					 represent a repeat offense, a danger or nuisance to the public, or that cannot
					 be reasonably resolved through voluntary compliance, will be disposed of by
					 administrative, civil, or criminal proceedings as authorized by
					 law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter B - COMPLAINT PROCESS AND PROCEDURES › Section 139.11 - Complaints - General

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall
				  initiate or receive and investigate a complaint against a license or
				  registration holder or other person who may have violated the Act or board
				  rules.
(b) The board shall maintain
				  the confidentiality of the complaint from receipt through the investigation of
				  the complaint. The complaint information will no longer be confidential after
				  formal charges are filed with the State Office of Administrative Hearings or
				  after the investigative file is closed. The following documents in an
				  investigative file are releasable to a respondent or an attorney representing
				  the respondent before the Board during the informal resolution process of a
				  complaint: copies of the original complaint documentation; copies of
				  communications to or from the Board and the complainant, the respondent,
				  witnesses, technical experts used by the Board to advise on the complaint
				  issues, and private or public entities regarding requests for records,
				  documents, or information regarding the complaint; and witness interview
				  reports.
(c) The provisions of the
				  Acts and the provisions of the Administrative Procedure Act, Chapter 2001,
				  Texas Government Code, shall apply to the conduct of all investigations and
				  administrative actions in the board's processing of a complaint. In addition,
				  the board may promulgate other procedural rules consistent with the Acts or
				  Chapter 2001, Texas Government Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter B - COMPLAINT PROCESS AND PROCEDURES › Section 139.13 - Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  wishes to make a complaint with the board may obtain assistance, filing
				  information, or contact the board by:
(1)
				  visiting the board website at
http://pels.texas.gov
;
(2) sending electronic mail to
				  complaints@pels.texas.gov;
(3)
				  sending written correspondence to: 1917 S. Interstate 35, Austin, Texas
				  78741-3702;
(4) sending fax to
				  (512) 440-5715;
(5) telephoning the
				  board office at (512) 440-7723;or
(6) visiting the board office located at 1917
				  S. Interstate 35, Austin, Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter B - COMPLAINT PROCESS AND PROCEDURES › Section 139.15 - Processing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				  the written complaint and supporting evidence, it will be logged and assigned a
				  case number.
(b) The board staff
				  shall review the complaint. If the complaint does not contain sufficient
				  information to determine whether the board has jurisdiction or is determined to
				  be outside the board's authority, the board staff may interview the complainant
				  to develop additional information. If the board staff determines that a
				  potential violation exists, the board staff will proceed with the
				  investigation. If board staff concludes that the complaint resulted from a
				  misunderstanding, is outside the jurisdiction of the board, or is without
				  merit, the board staff will recommend to the executive director that the
				  investigation be closed and that the complaint be dismissed. If the executive
				  director concurs with the recommendation, the complainant will be so notified
				  and the investigation will be closed. The board staff shall write a dismissal
				  explanation for the dismissed complaint and close the file.
(c) If a potential violation exists and the
				  board has jurisdiction over and authority to resolve the complaint, the board
				  staff shall set a priority for the complaint and initiate disciplinary
				  proceedings against the subject of the complaint. In setting the priority for
				  complaints, a complaint from the public or initiated by the board or board
				  staff that alleges action that could potentially harm the public shall be rated
				  highest priority and investigation for this type complaint takes precedence
				  over all other complaints. Complaints rating highest priority may include, but
				  are not limited to, those complaints involving incompetence, gross negligence,
				  plan stamping, or practicing without a license. The board staff shall report
				  status of the investigation and preliminary determination to the executive
				  director and complainant within 45 days of receiving complaint that rates as a
				  high priority.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter B - COMPLAINT PROCESS AND PROCEDURES › Section 139.17 - Investigating a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) The board staff
				  shall be responsible for investigating the complaint including determining the
				  need for and obtaining any additional evidence that may be required to proceed
				  with disciplinary action.
(b) Board
				  staff and persons acting in the official capacity of the board have authority
				  to:
(1) informally or formally request
				  information and documentation from the involved parties;
(2) perform site visits or inspections to
				  investigate the complaint;
(3)
				  contract technical consultants and other services to investigate and evaluate
				  aspects of the complaint or evidence;
(4) subpoena information, as
				  required;
(5) seek the assistance
				  of local and state law enforcement authorities; and/or
(6) seek out any other investigative action
				  needed to assist in the resolution of the complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter B - COMPLAINT PROCESS AND PROCEDURES › Section 139.19 - Final Resolution of Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the
				  completion of an investigation, the board staff shall present to the executive
				  director a report of investigation and recommendation of final resolution of
				  the complaint. If sufficient evidence and documentation exists to substantiate
				  one or more violations of the Act or board rules has occurred, the board shall
				  proceed as prescribed in §
										139.31
				  of this chapter (relating to Enforcement Actions for Violations of the Acts and
				  Board Rules ). These actions may include, but are not limited to, one or more
				  of the following:
(1) enter into an agreement
				  of voluntary compliance;
(2) agree
				  to informal Consent Order or Agreed Board Order that may include an
				  administrative penalty and/or compliance requirements;
(3) agree to mediation and alternative
				  dispute resolution prescribed in §
											131.113
				  of this title (relating to Mediation and Alternative Dispute
				  Resolution);
(4) referral of
				  injunctive or criminal actions to the proper authorities;
(5) referral to the State Office of
				  Administrative Hearings; or
(6)
				  other action as provided by law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter B - COMPLAINT PROCESS AND PROCEDURES › Section 139.21 - Reporting Complaint Status to the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall provide a
				  summary report on the status of all complaints at the regularly scheduled board
				  meetings. The report shall include:
(1)
				  number of complaints filed;
(2)
				  number of complaints received in each category;
(3) number of complaints initiated by the
				  board;
(4) number of complaints
				  filed by persons other than the board;
(5) the average length of time to resolve a
				  complaint by totaling all the days accumulated for all resolved complaints and
				  dividing by the total number of resolved complaints during the reporting
				  period;
(6) number of complaints
				  that are unresolved, including:
(A) by those
				  filed by the board, or
(B) by those
				  filed by persons other than the board, and
(C) including the average length of time the
				  unresolved complaints have been on file obtained by summing the days
				  accumulated for all unresolved complaints and dividing by the total number of
				  unresolved complaints;
(7) number of dismissed cases; and
(8) number of complaints resulting in
				  disciplinary action including the disciplinary action taken and whether the
				  action was imposed by stipulation, agreed settlement, consent order, default,
				  or order following a contested case hearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter B - COMPLAINT PROCESS AND PROCEDURES › Section 139.23 - Technical Consultants

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director may employ or contract with or gain technical advice from technical
				  consultants, including, but not limited to, advisors, consultants, engineers,
				  land surveyors, and other persons to provide technical assistance in
				  investigations and disciplinary proceedings. In the course of performing the
				  person's official duties for the board, technical consultants are immune from
				  civil liability and may not be subject to a suit for damages for any
				  investigation, report, recommendation, statement, evaluation, finding made, or
				  other action taken, except for when an action involves fraud, conspiracy, or
				  malice.
(b) The executive director
				  may select technical consultants on the basis of their qualifications and may
				  maintain a list of experts as technical consultants. The selection process may
				  require documentation of a technical consultants qualifications including
				  transcripts; verifiable experience records; references statements; texts,
				  articles, and other published works; and compliance history and records. The
				  board may interview prospective technical consultants. The board shall review a
				  potential technical consultant's documentation to determine if the person's
				  records demonstrate expert status and competency in a technical area. A
				  technical consultant must inform the board and decline an assignment if the
				  resource has personal knowledge of the complaint, parties involved in the
				  complaint, or other conflicts of interest.
(c) During the course of an investigation,
				  the executive director may dismiss a technical consultant that does not possess
				  the technical knowledge to assist in the investigation or for any other reason
				  relevant to the investigation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter C - ENFORCEMENT PROCEEDINGS › Section 139.31 - Enforcement Actions for Violations of the Acts or Board Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Under the authority and provisions of the
				  Engineering Act and the Land Surveying Act, the board shall take action against
				  a person or entity, upon determination that censure is warranted, for a
				  violation of the Acts and/or board rules. An action may be composed of one or
				  more of the following:
(1) revocation of a
				  license or registration;
(2)
				  suspension of a license or registration;
(3) probation of a suspended license or
				  registration;
(4) refusal to renew
				  a license or registration;
(5)
				  issuance of a formal or informal reprimand;
(6) cease and desist order;
(7) voluntary compliance agreement;
(8) emergency suspension; or
(9) assessment of an administrative
				  penalty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter C - ENFORCEMENT PROCEEDINGS › Section 139.33 - Informal Settlement Conferences

Current through Reg. 49, No. 28; July 12, 2024
If, after evaluation of the respondent's response a
					 violation appears evident, the executive director shall initiate enforcement
					 action. Before proceeding with the formal contested case hearing process, the
					 respondent shall have an opportunity to resolve the allegations
					 informally.
(1) The executive director
				  may also offer the respondent a Consent Order that will be presented to the
				  board for acceptance or rejection. If the respondent declines such an offer, or
				  if the board rejects it, the procedures in paragraphs (2) or (3) of this
				  section will be followed.
(2) The
				  respondent may request an informal settlement conference to present additional
				  evidence and discuss details of the allegation. Upon receipt of such a request
				  the executive director shall schedule a conference at the board office or other
				  location, and shall appoint an informal settlement conference committee
				  composed of one board member or board representative, the executive director or
				  executive director's designee, and legal counsel; the committee may meet and
				  act provided that no more than one committee member is absent. Other persons
				  designated by the respondent or the executive director may be present as
				  resources or as legal counsel to respondent. The informal settlement conference
				  committee shall hear the details of the allegations and shall recommend:
(A) dismissal;
(B) a proposal for an Agreed Board Order for
				  disciplinary actions that will be presented to the board for acceptance or
				  rejection; or
(C) scheduling of a
				  formal hearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter C - ENFORCEMENT PROCEEDINGS › Section 139.35 - Sanctions and Penalties - Engineering

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The board, the executive director, an administrative law judge, and the
				  participants in an informal settlement conference may arrive at a greater or
				  lesser sanction than suggested in these rules. The minimum administrative
				  penalty shall be $100 per violation. Pursuant to §1001.502(a) of the Act,
				  the maximum administrative penalty shall be $5,000.00 per violation of Chapter
				  1001 or a rule adopted or order issued under that chapter. Each day a violation
				  continues or occurs is considered a separate violation for the purpose of
				  assessing an administrative penalty. Allegations and disciplinary actions will
				  be set forth in the final board order, and the severity of the disciplinary
				  action will be based on the following factors:
(1) the seriousness of the violation,
				  including the nature, circumstances, extent, and gravity of the prohibited act
				  and the hazard or potential hazard created to the health, safety, or economic
				  welfare of the public;
(2) the
				  history of prior violations of the respondent;
(3) the severity of penalty necessary to
				  deter future violations;
(4)
				  efforts or resistance to efforts to correct the violations;
(5) the economic harm to property or the
				  environment caused by the violation; and
(6) any other matters impacting justice and
				  public welfare, including any economic benefit gained through the
				  violations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter C - ENFORCEMENT PROCEEDINGS › Section 139.37 - Sanctions and Penalties - Surveying

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  board, the executive director, an administrative law judge, and the
				  participants in an informal settlement conference may arrive at a greater or
				  lesser sanction than suggested in these rules. The minimum administrative
				  penalty shall be $100 per violation. Pursuant to §1001.502(a) of the Act,
				  the maximum administrative penalty shall be $1,500.00 per violation of Chapter
				  1071 or a rule adopted or order issued under that chapter. Each day a violation
				  continues or occurs is considered a separate violation for the purpose of
				  assessing an administrative penalty. Allegations and disciplinary actions will
				  be set forth in the final board order and the severity of the disciplinary
				  action will be based on the following factors:
(1) the seriousness of the violation,
				  including the nature, circumstances, extent, and gravity of the prohibited act
				  and the hazard or potential hazard created to the health, safety, or economic
				  welfare of the public;
(2) the
				  history of prior violations of the respondent;
(3) the severity of penalty necessary to
				  deter future violations;
(4)
				  efforts or resistance to efforts to correct the violations;
(5) the economic harm to property or the
				  environment caused by the violation; and
(6) any other matters impacting justice and
				  public welfare, including any economic benefit gained through the
				  violations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter D - SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS › Section 139.41 - License or Registration Holder with Renewable, Expired License or Registration

Current through Reg. 49, No. 28; July 12, 2024
A license or registration holder whose license or
					 registration has expired for nonpayment of renewal fees continues to be subject
					 to all provisions of the Acts and board rules governing license holders until
					 the license is revoked by the board or becomes non-renewable under
					 §1001.276.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter D - SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS › Section 139.43 - License or Registration Holder with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall follow the requirements
				  of Chapter 53, Texas Occupations Code, and shall revoke the license or
				  registration of any license or registration holder incarcerated as a result of:
(1) a felony conviction;
(2) violation of felony probation or parole;
				  or
(3) revocation of mandatory
				  supervision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter D - SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS › Section 139.45 - Restitution

Current through Reg. 49, No. 28; July 12, 2024
In addition to or in lieu of an administrative penalty, the
					 board may order a license or registration holder to pay restitution to a
					 consumer as a result of an agreement resulting from an informal settlement
					 conference. The amount of the restitution may not exceed the amount paid by the
					 consumer to the person for a service regulated by the Acts.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter D - SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS › Section 139.47 - Probation

Current through Reg. 49, No. 28; July 12, 2024
As part of a disciplinary action for violating the Acts and
					 board rules including, but not limited to, negligence, incompetence, or
					 endangerment to the public, the board may prescribe conditions of probation for
					 each probated suspension on a case-by-case basis depending on the severity of
					 the violation that will include reporting requirements, restrictions on
					 practice, and/or continuing education requirements as applicable as described
					 in this section.
(1) The board will
				  determine the reporting requirements for each probated suspension and will
				  include a list of board probation requirements and schedule for completion of
				  those requirements in which the board may require the license or registration
				  holder to submit documentation including, but not limited to, client lists, job
				  assignments, designs, proof of continuing education participation, restricted
				  practice reports, and other documents concerning the practice of engineering or
				  land surveying to demonstrate compliance with the conditions of probation. As a
				  condition of probation, the license or registration holder shall accept that
				  schedule deadlines are final and no extensions or revision shall be granted,
				  unless approved by the board.
(2)
				  The board will receive and date stamp documentation on the day received and
				  track compliance with probation requirements for each probated suspension. The
				  board shall honor postmarks for date of submittal; however, if not received by
				  the required deadline, the license holder shall have the burden of proof to
				  demonstrate documentation was submitted by the schedule deadline.
(3) As a condition of probation, the board
				  may restrict the area of practice of the license or registration holder. The
				  board may require the license or registration holder to practice under the
				  supervision and mentorship of another professional engineer when performing
				  engineering or another professional land surveyor when performing land
				  surveying in the restricted areas of practice.
(4) As a condition of probation, the board
				  may require the license or registration holder to obtain additional continuing
				  education in addition to the minimum requirements of §
										137.17
				  of this title (relating to Investigating a Complaint) and may prescribe formal
				  classroom study, workshops, seminars, and other specific forms of continuing
				  education.
(5) Failure to comply
				  with probation requirements shall result in lifting of probation and suspending
				  of the license or registration for the remainder of the suspension
				  period.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter D - SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS › Section 139.49 - License or Registration Suspension/Revocation Based on Status Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may review the status of a
				  license or registration holder the board believes:
(1) may have been issued a license or
				  registration through fraud or error; or
(2) may constitute a threat to the public
				  health, safety, or welfare.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter D - SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS › Section 139.51 - License or Registration Suspension Based on Delinquent Child Support

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Family Code, Chapter 232, on receipt of a
					 final order by the OAG (Office of the Attorney General) regarding delinquent
					 child support, the board must suspend a professional engineer license or
					 professional land surveyor registration until the OAG notifies the Board that
					 the obligor has paid the child support, established a repayment schedule, has
					 been granted an exception as part of a court-supervised plan, or successfully
					 contested the denial of licensure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter E - HEARINGS › Section 139.61 - 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
					 Procedures Act, Chapter 2001, Texas Government Code and Title 1, Chapter 155,
					 Texas Administrative Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 139 - ENFORCEMENT › Subchapter E - HEARINGS › Section 139.63 - Extensions of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) The board has
				  authorized the Executive Director to act for the agency, on the Executive
				  Director's own initiative or in response to a motion, to grant or deny an
				  extension of time under the Administrative Procedures Act, §2001.142(e)
				  (Sworn Motion) and under the Administrative Procedures Act, §2001.146(e)
				  (Extending Deadline to File Motion For Rehearing).
(b) Under §2001.147 of the
				  Administrative Procedures Act, the board may approve an agreement of the
				  parties to modify the times prescribed by the Administrative Procedures Act,
				  §2001.143 (Time When Order Must Be Signed) and Administrative Procedures
				  Act, §2001.146 (Extending the Deadline to File a Motion For
				  Rehearing).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 140 - CRIMINAL HISTORY AND CONVICTIONS › Subchapter A - CRIMINAL HISTORY AND CONVICTIONS › Section 140.1 - Criminal History and Convictions - Engineers

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas
				  Occupations Code, Chapter 53 provides that the board may suspend or revoke an
				  existing license, disqualify a person from receiving a license, or deny a
				  person the opportunity to be examined for a license if the person has been
				  convicted of an offense listed under §53.021(a) or has a deferred
				  adjudication that qualifies as a conviction under §53.021(d). Any such
				  action shall be made after consideration of the factors listed in Texas
				  Occupations Code, §
										53.022 and §
										53.023 and the
				  guidelines issued by the board under §53.025.
(b) A person who is incarcerated because of a
				  felony conviction is not eligible to obtain a license or renew a previously
				  issued license under board rules or any statute governing a profession
				  regulated by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 6 - TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 140 - CRIMINAL HISTORY AND CONVICTIONS › Subchapter A - CRIMINAL HISTORY AND CONVICTIONS › Section 140.3 - Criminal History and Convictions - Surveyors

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas
				  Occupations Code, Chapter 53 provides that the board may suspend or revoke an
				  existing license or registration, disqualify a person from receiving a license
				  or registration, or deny a person the opportunity to be examined for a license
				  or registration if the person has been convicted of an offense listed under
				  §53.021(a) or has a deferred adjudication that qualifies as a conviction
				  under §53.021(d). Any such action shall be made after consideration of the
				  factors listed in Texas Occupations Code, §
										53.022 and §
										53.023 and the
				  guidelines issued by the board under §53.025.
(b) A person who is incarcerated because of a
				  felony conviction is not eligible to obtain a license or registration or renew
				  a previously issued license or registration under board rules or any statute
				  governing a profession regulated by the board.