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Texas Occupations Code - Chapter 51 Texas Department Of Licensing And RegulationLegal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Chapter 51 Texas Department Of Licensing And Regulation In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Department" means the Texas Department of Licensing and Regulation. (3) "License" ... The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act). ... This chapter applies to each regulatory program administered by the department, including any program under which a license is issued by the department. Added by ... (a) The Texas Department of Licensing and Regulation is the primary state agency responsible for the oversight of businesses, industries, general trades, and occupations that ... (a) The commission consists of seven members appointed by the governor with the advice and consent of the senate. (b) Appointments to the commission shall ... (a) Each member of the commission must be a representative of the general public. (b) A person is not eligible for appointment as a member ... (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to ... (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as ... (a) Members of the commission serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year. (b) ... (a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure ... (a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications ... (a) A commission member may not receive compensation for service on the commission. (b) A commission member is entitled to reimbursement for actual and necessary ... (a) The commission shall meet at least once in each quarter of the fiscal year. (b) The commission may meet at other times at the ... A member of the commission is not liable in a civil action for an act performed in good faith while performing duties as a commission ... The commission shall appoint the executive director of the department. The executive director serves at the will of the commission. Acts 1999, 76th Leg., ch. ... (a) The executive director shall: (1) perform any duties assigned by the commission and other duties specified by law; (2) administer and enforce the department's ... The executive director may employ persons to perform the department's work and may prescribe their duties and compensation, subject to the personnel policies adopted by ... The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and ... The executive director or the executive director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding ... (a) The executive director shall develop a career ladder program. The program must require intra-agency postings of all nonentry level positions concurrently with any public ... (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ... The executive director or the executive director's designee shall provide to department employees information and training on the benefits and methods of participation in the ... (a) The commission shall: (1) supervise the executive director's administration of the department; (2) formulate the policy objectives for the department; and (3) approve the ... (a) The commission shall set fees, in amounts reasonable and necessary to cover the costs of administering the programs or activities, for: (1) licenses issued ... The commission shall adopt rules as necessary to implement each law establishing a program regulated by the department. Acts 1999, 76th Leg., ch. 388, § ... (a) The commission may not adopt rules restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, or deceptive practices. (b) ... The commission shall develop and implement a policy requiring the executive director and department employees to research and propose appropriate technological solutions to improve the ... (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the ... (a) The department shall prepare information of public interest describing the functions of the commission and department and the procedures by which complaints are filed ... (a) The executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the ... (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on ... The executive director or commission may impose an administrative penalty against a person who violates: (1) a law establishing a regulatory program administered by the ... (a) If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, ... A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed ... If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue ... (a) Not later than the 20th day after the date the respondent receives the notice, the respondent may: (1) accept the department's determination and recommended ... (a) If the respondent requests a hearing, the hearing shall be conducted by the State Office of Administrative Hearings. (b) The State Office of Administrative ... (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that: (1) a violation occurred ... (a) Not later than the 30th day after the date the commission's order becomes final, the respondent shall: (1) pay the penalty; or (2) file ... If the person on whom the administrative penalty is imposed violates Section 51.307(a), the department or the attorney general may bring an action to collect ... (a) If, after judicial review, the administrative penalty is reduced or not imposed, the executive director shall: (1) remit to the person the appropriate amount, ... (a) The executive director by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty. (b) A proceeding ... (a) The department may conduct inspections or investigations as necessary to enforce the laws administered by the department. (b) The department, during reasonable business hours, ... (a) The attorney general or the executive director may institute an action for injunctive relief to restrain a violation by and to collect a civil ... (a) The commission shall revoke, suspend, or refuse to renew a license or shall reprimand a license holder for a violation of this chapter, a ... (a) A respondent is entitled to a hearing conducted by the State Office of Administrative Hearings if the executive director proposes to deny, suspend, or ... (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department ... (a) Not later than the 30th day after the date a person takes a license examination, the department shall notify the person of the results ... (a) The department may refund a license examination fee to a person who is unable to take the examination if the person: (1) provides reasonable ... (a) The commission may waive any prerequisite to obtaining a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds ... The commission shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required ... The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license ... In this subchapter, "licensing entity" means a department, commission, board, office, authority, or other agency or governmental entity of this state that issues an occupational ... The department shall establish and operate a toll-free telephone information system to provide assistance and referral services for persons who inquire about a program regulated ... Last modified: August 10, 2007 |