Sec. 1703.351. LICENSE DENIAL AND DISCIPLINARY ACTION. (a) The department may take action authorized under Subsection (b) against an applicant or license holder who:
(1) wilfully violates this chapter or a rule adopted under this chapter;
(2) violates Section 1703.306(a);
(3) wilfully aids or abets another to violate this chapter or a rule adopted under this chapter;
(4) allows the person's license issued under this chapter to be used by an unlicensed person in violation of this chapter;
(5) makes a material misstatement in an application for the issuance or renewal of a license;
(6) makes a wilful misrepresentation or false promise or causes the printing of a false or misleading advertisement to directly or indirectly obtain business or trainees;
(7) fails to inform a subject to be examined:
(A) of the nature of the examination; and
(B) that the subject's participation in the examination is voluntary;
(8) fails to inform the subject of an examination of the examination results on request;
(9) violates Section 51.151, Family Code;
(10) wilfully makes a false report concerning an examination for polygraph examination purposes;
(11) fails to provide within a reasonable time information requested by the department as the result of a formal complaint to the department alleging a violation of this chapter;
(12) demonstrates unworthiness or incompetency to act as a polygraph examiner;
(13) is convicted of an offense that directly relates to the duties and responsibilities of a polygraph examiner; or
(14) is found to be incapacitated as provided by the Probate Code.
(b) On determining that an applicant or license holder has engaged in an act listed in Subsection (a), the department shall:
(1) deny a license to the applicant;
(2) revoke or suspend the person's license; or
(3) reprimand the person.
(c) The department may probate a license suspension.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 213 (S.B. 1005), Sec. 20, eff. May 27, 2009.
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