Title OC, Occupations Code

Sec. 1002.351. PUBLIC PRACTICE OF GEOSCIENCE BY FIRM OR CORPORATION. (a) A firm or corporation may engage in the public practice of geoscience only if: (1) the geoscientific work is performed by, or under the supervision of, a licensed geoscientist who is in responsible charge of…

Sec. 1002.352. GEOSCIENTIST IN TRAINING. The board by rule shall establish criteria by which an individual who expresses the intent to become a licensed geoscientist under this chapter may register with the board as a geoscientist in training. Added by Acts 2009, 81st Leg., R.S.,…

Sec. 1002.353. ADVISORY OPINIONS. (a) On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion regarding: (1) an interpretation of this chapter; or (2) the application of this chapter to a person with respect to a specif…

Sec. 1002.401. DENIAL OF LICENSE. (a) The board may deny a license: (1) to an applicant who fails to satisfy a requirement of this chapter; or (2) on a determination by the board that there is probable cause to believe that an applicant has violated: (A) this chapter; (B) a provi…

Sec. 1002.402. GROUNDS FOR DISCIPLINARY ACTION. The board may impose appropriate sanctions for: (1) the practice of fraud or deceit in obtaining a license as a geoscientist; (2) incompetence, misconduct, fraud, gross negligence, or repeated incidents of negligence in the public p…

Sec. 1002.403. DISCIPLINARY ACTIONS. (a) The board may take the following disciplinary actions: (1) refuse to issue or renew a license; (2) permanently revoke a license; (3) suspend a license for a specified time, not to exceed three years, to take effect immediately notwithstand…

Sec. 1002.404. RIGHT TO HEARING. A person is entitled to a hearing before the board may suspend or revoke the person's license. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.

Sec. 1002.405. REINSTATEMENT. (a) On application, the board may reinstate a license to engage in the public practice of geoscience to a person whose license has been revoked if a majority of the entire board votes in favor of the reinstatement. (b) As a condition for reinstatemen…

Sec. 1002.451. IMPOSITION OF PENALTY. The board may impose an administrative penalty against a person licensed under this chapter or any other person who violates this chapter or a rule adopted or order issued under this chapter. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.…

Sec. 1002.452. AMOUNT OF PENALTY. (a) The board may include in the amount of the administrative penalty the actual costs of investigating and prosecuting the violation. (b) The amount of the penalty may not exceed $1,500 for each violation. Each day a violation continues or occur…

Sec. 1002.453. ADMINISTRATIVE PROCEDURE. (a) The board shall adopt rules of procedure for the imposition of an administrative penalty. (b) Rules adopted under this section must conform to the requirements of Chapter 2001, Government Code. (c) A proceeding to impose the penalty is…

Sec. 1002.454. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL. (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay the penalty and file a petition for judicial review contesting the occurrence…

Sec. 1002.455. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty. Added by Acts 2003, 78th Leg., ch. 1276…

Sec. 1002.456. JUDICIAL REVIEW. The order of the board is subject to judicial review. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.

Sec. 1002.457. REMITTANCE OF PENALTY AND INTEREST. (a) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty. If the court does not sustain the occurre…

Sec. 1002.501. INJUNCTION. The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.