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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING, AND RELATED PRACTICES |
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Subtitle C. REGULATION OF LAND SURVEYING AND RELATED PRACTICES |
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Chapter 1071. LAND SURVEYORS |
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Subchapter I. DISCIPLINARY PROCEDURES |
Sec. 1071.402. DISCIPLINARY PROCEEDINGS
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(a) The board may institute proceedings against a registration holder or license holder on the board's behalf without a formal written third-party complaint.
(b) The board shall assign an employee or contract with an investigator to investigate each alleged violation of this chapter or a board rule that is reported to the board. The board may employ investigators and inspectors as necessary to properly enforce this chapter.
(c) A board employee investigating an alleged violation may:
(1) dismiss a complaint that is without merit; or
(2) determine whether a person has committed the violation and recommend sanctions to the board.
(d) A board employee investigating an alleged violation shall report the dismissal of a complaint under Subsection (c)(1) to the board in the manner required by the board.
(e) The person making a complaint that is dismissed under Subsection (c)(1) may request reconsideration of the dismissal by the board.
(f) The board may appoint a subcommittee of the board that includes at least one board member who represents the public to assist in an investigation. A member of a subcommittee or a member of the board who consults with board personnel or an investigator on a complaint may not vote at a board disciplinary hearing related to the complaint.
(g) The board may not take into consideration a previously dismissed complaint while resolving a complaint before the board. The board may take into consideration any previous violation of this chapter or a board rule when assessing a sanction or penalty for a complaint before the board.