Sec. 1702.361. DENIAL AND DISCIPLINARY ACTIONS; GROUNDS

(a) The department, for conduct described by Subsection (b), may:

(1) deny an application or revoke, suspend, or refuse to renew a license, registration, endorsement, or security officer commission;

(2) reprimand a license holder, registrant, or commissioned security officer; or

(3) place on probation a person whose license, registration, endorsement, or security officer commission has been suspended.

(b) The department shall take disciplinary action described by Subsection (a) on proof:

(1) that the applicant, license holder, registrant, endorsement holder, or commissioned security officer has:

(A) violated this chapter or a rule adopted under this chapter;

(B) become ineligible for licensure, registration, or endorsement under Section 1702.113, or a commission under Section 1702.163, if applicable, other than an action for which the department has taken summary action under Section 1702.364;

(C) engaged in fraud, deceit, or misrepresentation;

(D) made a material misstatement in an application for or renewal of a license, registration, endorsement,

or commission;

(E) failed to pay in full an administrative penalty assessed under Subchapter Q, for which the board has issued a final order; or

(F) performed any service for which an endorsement is required under this chapter and either:

(i) was not employed with a company licensed under this chapter at the time the service was performed; or

(ii) performed the service for a company licensed under this chapter that was not listed on the individual's registration without informing the board of the individual's employment with the company within a reasonable period; or

(2) that the license holder of a registrant or commissioned security officer has submitted to the department sufficient evidence that the registrant or commissioned security officer:

(A) engaged in fraud or deceit while employed by the license holder; or

(B) committed theft while performing work as a registrant or commissioned security officer.

(c) The department may place on probation a person whose license is suspended. If a person's suspension of a license is probated, the department may require the person:

(1) to report regularly to the department on matters that are the basis of the suspension;

(2) to limit practice to the areas prescribed by the department; or

(3) to continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.

or commission; (E) failed to pay in full an administrative penalty assessed under Subchapter Q, for which the board has issued a final order; or (F) performed any service for which an endorsement is required under this chapter and either: (i) was not employed with a company licensed under this chapter at the time the service was performed; or (ii) performed the service for a company licensed under this chapter that was not listed on the individual's registration without informing the board of the individual's employment with the company within a reasonable period; or (2) that the license holder of a registrant or commissioned security officer has submitted to the department sufficient evidence that the registrant or commissioned security officer: (A) engaged in fraud or deceit while employed by the license holder; or (B) committed theft while performing work as a registrant or commissioned security officer. (c) The department may place on probation a person whose license is suspended. If a person's suspension of a license is probated, the department may require the person: (1) to report regularly to the department on matters that are the basis of the suspension; (2) to limit practice to the areas prescribed by the department; or (3) to continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.659, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 906 , Sec. 17, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1146 , Sec. 4.87, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1146 , Sec. 4B.18, eff. September 1, 2009.