Title OC, Occupations Code

Sec. 51.304. PENALTY TO BE PAID OR HEARING REQUESTED. (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 administrative penalty; or (2) make a written request for a heari…

Sec. 51.305. HEARING ON RECOMMENDATIONS. (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 Hearings shall consider the department's applicable substantive rules and polic…

Sec. 51.306. DECISION BY COMMISSION. (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 and impose an administrative penalty; or (2) a violation did not occur. (b) The department s…

Sec. 51.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (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 a petition for judicial review contesting the order and: (A) forward the penalty to …

Sec. 51.308. COLLECTION OF PENALTY. 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 the penalty. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 51.309. REMITTANCE OF PENALTY AND INTEREST. (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, plus accrued interest, if the person paid the amount of the penalty;…

Sec. 51.310. ADMINISTRATIVE PROCEDURE. (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 under this subchapter to impose an administrative penalty is considered to be …

Sec. 51.351. INSPECTIONS AND INVESTIGATIONS. (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, may: (1) enter the business premises of a person regula…

Sec. 51.3511. ISSUANCE OF EMERGENCY ORDERS. (a) If the executive director determines that an emergency exists requiring immediate action to protect the public health and safety, the executive director may issue an emergency order to: (1) suspend or revoke a license or other autho…

Sec. 51.3512. SUBPOENAS. (a) The department may issue a subpoena as provided by this section. (b) The department may request and, if necessary, compel by subpoena: (1) the production for inspection and copying of records, documents, and other evidence relevant to the investigatio…

Sec. 51.3513. CEASE AND DESIST ORDER. The executive director may issue a cease and desist order if the executive director determines that the action is necessary to prevent a violation of: (1) this chapter; (2) a law establishing a regulatory program administered by the departmen…

Sec. 51.352. INJUNCTIVE RELIEF; CIVIL PENALTY. (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 penalty from a person that appears to be in violation of or threatening to violate a l…

Sec. 51.353. LICENSE DENIAL; ADMINISTRATIVE SANCTIONS. (a) The commission may deny, revoke, suspend, or refuse to renew a license or may reprimand a license holder for a violation of this chapter, a law establishing a regulatory program administered by the department, or a rule o…

Sec. 51.354. RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE. (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 revoke a license. (b) A proceeding under this chapter to deny, suspe…

Sec. 51.355. LICENSE ELIGIBILITY OF PERSON WHOSE LICENSE HAS BEEN REVOKED. (a) Except as otherwise provided by this section, a person whose license has been revoked by order of the commission or executive director is not eligible for a new license until the first anniversary of t…

Sec. 51.356. DEFERRED ADJUDICATION; LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE. (a) The commission may deny, suspend, revoke, or refuse to renew a license or other authorization issued by a program regulated by the department if: (1) the person …

Sec. 51.357. RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS. (a) As an alternative to denying, revoking, suspending, or refusing to issue or renew a license under Section 51.356 or 51.4012(a) or Chapter 53, the commission or executive director may issue a restricted license to an ap…

Sec. 51.358. RESTRICTED LICENSE TERM. (a) A restricted license issued under Section 51.357 is valid for the term provided for an unrestricted license of the same type. (b) A restricted license may be renewed by complying with the requirements for the renewal of an unrestricted li…

Sec. 51.359. REFUND. (a) Subject to Subsection (b), the commission or executive director may order a license holder to pay a refund to a consumer as provided in an agreed settlement, default order, or commission order instead of or in addition to imposing an administrative penalt…

Sec. 51.401. LICENSE EXPIRATION AND RENEWAL. (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 before the expiration date of the license. A person whose license has expired may not engage …

Sec. 51.4011. INACTIVE STATUS. (a) The commission may adopt rules to allow a license holder to place a license issued by the department on inactive status by: (1) submitting, on a form prescribed by the department, an application for inactive status to the department not later th…

Sec. 51.4012. LICENSE ELIGIBILITY REQUIREMENTS REGARDING APPLICANT'S BACKGROUND; DETERMINATION LETTER. (a) Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history. (b) Before applying for a lic…

Sec. 51.4013. LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any other law, the department shall credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a l…

Sec. 51.4014. LICENSE APPLICATION FROM INMATE. (a) Notwithstanding any other law and subject to Subsection (a-1), the department may accept an application from an applicant who is an inmate imprisoned in the Texas Department of Criminal Justice except that the department may not …

Sec. 51.402. EXAMINATIONS. (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 of the examination. (b) If the examination is graded or reviewed by a testing service: (1) the department shall no…

Sec. 51.403. EXAMINATION FEE REFUND. (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 advance notice to the department; or (2) cannot take the examination because of an emergency. (b) …

Sec. 51.4041. ALTERNATIVE QUALIFICATIONS FOR LICENSE. (a) The commission, department, or executive director may adopt alternative means of determining or verifying a person's eligibility for a license issued by the department, including evaluating the person's education, training…

Sec. 51.405. CONTINUING EDUCATION. (a) The department shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required by the commission to keep the person's license. (b) Notwithsta…

Sec. 51.406. STAGGERED RENEWAL OF LICENSES. 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 expiration date is changed, the department shall prorate license fees on a monthly basis so that e…

Sec. 51.407. TEMPORARY LICENSE. (a) The commission by rule may provide for the issuance of a temporary license to an applicant who: (1) submits to the executive director an application on a form prescribed by the executive director; (2) meets preliminary qualifications establishe…

Sec. 51.408. EMERGENCY LICENSE. (a) The executive director may issue an emergency license to a person who meets eligibility requirements provided by: (1) a law establishing a regulatory program administered by the department; or (2) a rule adopted to implement this section. (b) A…

Sec. 51.409. FINANCIAL DISCLOSURE STATEMENT. (a) The commission by rule may require a person, other than an individual, applying for a license issued by the department to submit with the license application a financial disclosure statement. The rules may require any of the follow…

Sec. 51.451. DEFINITION. 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 license. Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.021, eff. Sept. 1, 20…

Sec. 51.452. TELEPHONE INFORMATION SYSTEM. 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 by a licensing entity. Added by Acts 2003, 78th Leg., ch. 8…

Sec. 51.501. TELEHEALTH. (a) In this section: (1) "Health professional" means a person who holds a license issued by the department under Title 3. (2) "Patient" means a client, consumer, or other person receiving care or services from a health professional. (3) "Telehealth servic…

Sec. 51.551. ANTI-TRAFFICKING ACTIVITIES. The department may combat human trafficking by: (1) establishing within the department an anti-trafficking unit; (2) identifying businesses operating within industries regulated by the department that are impacted by human trafficking; an…

Sec. 51.552. RULES. The commission may adopt rules to combat human trafficking for any program regulated by the department, including rules for conducting inspections and investigations under Section 51.351. Added by Acts 2025, 89th Leg., R.S., Ch. 41 (S.B. 610), Sec. 1, eff. Sep…

Sec. 51.553. CONFIDENTIALITY OF RECORDS IDENTIFYING VICTIMS OF HUMAN TRAFFICKING. (a) Information that identifies an individual as a victim of human trafficking is confidential and excepted from disclosure under Section 552.021, Government Code. (b) The department may withhold th…