The enforcement plan put in place by the Texas Department of Licensing and Registration was established to explain the sanctions and penalties to which its licensees may be subjected. It covers a gamut of the disciplinary outcomes that may apply to specific violations that are alleged against licensees falling within the Department’s purview, according to which statutes and rules apply to a given profession. It also clarifies the elements that factor into the Department’s determinations of how severe or lengthy the discipline to be applied will usually be.
TDLR’s stated purpose for the enforcement plan is “to establish a structure within which TDLR’s prosecuting attorneys will make decisions about the relief to be sought in their cases.”
It should be noted that the enforcement plan exists mainly to enable a common understanding of the issues it contains. The commission does not bind itself to the information in the enforcement plan and occasionally breaks with it on a case-by-case basis. But in general, the prosecuting attorneys hired by TDLR will limit their recommendations to the gamut listed within the plan.
When attempting to come to a decision on a penalty to request or apply, the Department takes the following into consideration:
“(1) The severity or seriousness of the violation.
(2) Whether the violation was willful or intentional.
(3) Whether the Respondent acted in good faith to avoid or mitigate the violation or to correct the violation after it became apparent.
(4) Whether the Respondent has engaged in similar violations in the past.
(5) The level of penalty or sanction necessary to deter future violations.
(6) Any other matter that justice may require.”
Each of the forty-plus programs licensed by TDLR has been granted its own section of the enforcement plan. These lay out the violations that licensees of these programs may be disciplined as a result of committing and are divided into “classes” that accord with the severity of the offense committed.
A professional licensed by TDLR who learns they are the subject of a complaint against their license should contact us immediately before speaking to anyone else. Our law firm helps professionals keep their licenses when those licenses are under attack. Our experienced professional license defense attorneys have successfully helped clients resolve a wide range of complicated legal matters involving professional license defense. We know how to navigate the complaint process, gather evidence, question witnesses, and prepare powerful defenses against allegations of misconduct.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients, we have offices in Austin, Houston, and San Antonio. Our honest, experienced attorneys will fight aggressively on behalf of your professional license and reputation.
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