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RULE §3.177 Administrative Penalty Schedule


Published: 2015

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If the Board determines that an administrative penalty is the
appropriate sanction for a violation of any of the statutory provisions
or rules enforced by the Board, the following guidelines shall be
applied to guide the Board's assessment of an appropriate administrative
penalty:
  (1) The Board shall consider the following factors
to determine whether the violation is minor, moderate, or major:
    (A) Seriousness of misconduct and efforts to correct
the ground for sanction:
      (i) Minor--the respondent had demonstrated that he/she
was unable that his/her conduct was prohibited and unaware that the
conduct was reasonably likely to cause the harm that resulted from
the conduct or the respondent has demonstrated that there were significant
extenuating circumstances or intervening causes for the violation;
and the respondent has demonstrated that he/she provided a satisfactory
remedy that alleviated or eliminated any harm or threat to the health
or safety of the public.
      (ii) Moderate--the violation shows that the respondent
knowingly disregarded a standard or practice normally followed by
a reasonably prudent person under the same or similar circumstances.
A violation of a Board order shall constitute, at a minimum, a moderate
violation.
      (iii) Major--the conduct demonstrates gross negligence
or recklessness or resulted in a threat to the health or safety of
the public and the respondent, after being notified of the alleged
violation intentionally refused or failed to take prompt and remedial
action.
    (B) Economic harm:
      (i) Minor--there was no apparent economic damage to
property or monetary loss to the project owner or other involved persons
and entities.
      (ii) Moderate--economic damage to property or monetary
harm to other persons or entities did not exceed $1,000, or damage
exceeding $1,000 was reasonably unforeseeable.
      (iii) Major--economic damage to property or economic
injury to other persons or entities exceeded $1,000.
    (C) Sanction history:
      (i) Minor--the respondent has not previously received
a written warning, advisory notice or been subject to other enforcement
proceedings from the Board.
      (ii) Moderate--the respondent was previously subject
to an order of the Board or other enforcement proceedings which resulted
in a finding of a violation of the laws or rules over which the TBAE
has jurisdiction.
      (iii) Major--the respondent has received at least two
prior written notices or has been subject to two disciplinary actions
for violation of the rules and laws over which the TBAE has jurisdiction.

  (2) After determining whether the violation is minor,
moderate, or major, the Board shall impose an administrative penalty
as follows:
    (A) Minor violations--if the violation is minor in
every category described in paragraph (1) of this section, an administrative
penalty of not more than $500 shall be imposed.
    (B) Moderate violations--if the violation is moderate
in any category described in paragraph (1) of this section, an administrative
penalty or not more than $2,000 shall be imposed.
    (C) Major violations--if the violation is major in
any category described in paragraph (1) of this section or if the
Board determines that the facts of the case indicate a higher penalty
is necessary in order to deter similar misconduct in the future, an
administrative penalty of not more than $5,000 shall be imposed.
    (D) Because of the threat to human health, safety and
well-being which necessarily arises out of a Nonregistrant preparing
and issuing landscape architectural plans and specifications the Board
possesses a compelling interest in ensuring that landscape architectural
plans and specifications are prepared and issued only by registered
landscape architect or by a person who is working under the active
and documented Supervision and Control of a registered Landscape Architect
when required by law. If the evidence establishes that Landscape Architectural
plans and specifications for a project that is not exempt from the
Landscape Architects' Practice Act were prepared by a person who is
not registered to engage in the Practice of Landscape Architecture
and was not working under the active and documented Supervision and
Control of a Landscape Architect the violation shall be presumed to
be a major violation and each sheet of architectural plans or separate
section of the specifications shall be considered a separate section
of the specifications shall be considered a separate violation for
purposes of calculating and imposing administrative penalties.
    (E) Because of the threat to human health, safety and
welfare which necessarily arises from Nonregistrants engaging in the
Practice of Landscape Architecture the Board has a compelling interest
in ensuring that only those persons who are registered to engage in
the Practice of Landscape Architecture or whose work is conducted
under the active and documented Supervision and Control of a registered
Landscape Architect engage in the Practice of Landscape Architecture.
If the evidence establishes that a Landscape Architect has sealed
landscape architectural plans and separately numbered section of the
specifications without having exercised active and documented Supervision
and Control of the Nonregistrants's activities the Board shall presume
such conduct by the sealing landscape architect to be a major violation
and each sheet of landscape architectural plans or separate section
of the specifications shall be considered a separate violation for
purposes of calculating and imposing administrative penalties.
    (F) The agency is responsible for protecting the public's
health, safety and welfare by interpreting and enforcing the Landscape
Architects' Practice Act. In fulfilling this statutory duty the Board
depends upon, and expects, that Registrants and Applicants will provide
complete, truthful and accurate information to the Board upon request.
This prompt and accurate provision of information is essential to
protecting the public's health, safety and welfare.
    (G) A Landscape Architect, Candidate, or Applicant
who fails, without good cause, to provide information to the Board
under the provision of §3.171 of this subchapter (relating to
Responding to Request for Information) is presumed to be interfering
with and preventing the Board from fulfilling its responsibilities.
For these reasons a violation of §3.171 of this subchapter shall
be considered a moderate violation if a complete response is not received
within 30 days after receipt of the Board's written inquiry. Any further
delay constitutes a major violation. Each 15 day delay thereafter
shall be considered a separate violation of these rules.
  (3) In order to determine the appropriate amount in
a penalty range described in paragraph (2) of this section, the Board
shall consider the factors described in paragraph (1) of this section.
  (4) If the facts of a case are unique or unusual, the
Board may suspend the guidelines described in this section.