Code Enforcement Officers Penalties and Sanctions

Texas Occupations Code, Chapter 1952 – 16 Texas Administrative Code, Chapter 62
Texas Occupations Code, Chapter 51 – 16 Texas Administrative Code, Chapter 60

CLASS A:

Penalty Range:

$500 up to $1,000

Administrative Violations

Failed to maintain certificates of completion for approved continuing education courses – §62.24(l)

Public Notice Violations

Failed to provide Department information on all written contracts, invoices and signs in place of business – §62.70(c)

CLASS B:

Penalty Range:

$750 to $1,500 and/or up to one-year full suspension

Unlicensed Activity

Claimed or used the titles “code enforcement officer” or “code enforcement officer in training,” while the registrant’s registration was expired – §62.70(b)(8)

Improper Use of a License

Used a registration belonging to another person – §62.70(b)(9)

Registrant allowed another person to use their registration – §62.70(b)(9)

Supervisor Responsibilities

Supervised more than three code enforcement officers in training at one time – §62.71(b)(1)

Failed to submit a timely notification of termination of supervision to the Department and supervisee – §62.71(c)

Registrant failed to include required information in the notification of termination of supervision – §62.71(c)(1)-(4)

Supervisee Responsibilities

Failed to have a current, accurate verification of supervision form on file with the Department – §62.72(b)

Failed to include in the verification of supervision form the name of the applicant and each supervisor – §62.72(b)(1)

Failed to include in the verification of supervision form the registration number of each supervisor – §62.72(b)(2)

Failed to include in the verification of supervision form the primary location and address from which code enforcement services will be provided – §62.72(b)(3)

Failed to include in the verification of supervision form a description of code enforcement duties to be rendered by the supervisee – §62.72(b)(4)

Failed to file a new verification of supervision form as required – §62.72(c)

CLASS C:

Penalty Range:

$1,500 to $3,000 plus one-year probated suspension up to revocation

Standards of Conduct

Engaged in acts that were grossly negligent, incompetent, or guilty of misconduct – §1952.151(b)(2); 016762.70(b)(11)

Failed to exercise reasonable judgment and skill – §62.70(a)(1)

Engaged in acts or practices that constitute dishonesty, lack of trustworthiness or misrepresentation – §62.70(a)(2); §62.70(b)(3)

Engaged in acts or practices that constitute a threat, coercion or extortion – §62.70(a)(2)

Engaged in acts intending to evade the Act, rules, or standards adopted by the Commission – §62.70(b)(1)

Furnished inaccurate, deceitful, or misleading information to the Department, a consumer, or other person – §62.70(b)(2)

Performed duties while impaired due to consumption of alcohol or a controlled substance not prescribed by a physician – §62.70(b)(4)

Registrant verbally, physically, or sexually abused, or attempted to abuse, an individual while performing as a registrant – §62.70(b)(5)

Registrant accepted, or offered to accept, any form of compensation for not reporting a hazard as required, or for correcting a hazard which was found while performing as a registrant – §62.70(b)(6)

Failed to report a crime when the report is required by law – §62.70(b)(7)

Altered a registration – §62.70(b)(10)

Supervisor Responsibilities

Failed to register as a code enforcement officer – §62.71(a)(1)

Failed to have the required training, knowledge, and skill – §62.71(a)(2)

Failed to provide an alternate registered code enforcement officer for supervision when supervisor not available for more than four consecutive weeks – §62.71(a)(3)

Accepted payment or other consideration from a supervisee in exchange for supervision – §62.71(b)(2)

Agreed to perform services when significant financial or other interests would impair independent judgment in rendering services – §62.71(b)(3)

Supervisee Responsibilities

Failed to be supervised at all times – §62.72(a)

Counted time toward the experience requirement without supervision – §62.72(a)

Code enforcement officer in training paid for supervision – §62.72(d)

Engaged in a supervision arrangement where significant financial or other interests would impair independent judgment in rendering services – §62.72(e)

Unlicensed Activity

Claimed or used the title “code enforcement officer” before holding a valid registration –

§1952.101; §62.25(b)

CLASS D:

Penalty Range:

$5,000 and/or Revocation

Obtained or attempted to obtain a registration by fraud or false representation – §1952.151(b)(1); §60.23(a)(1)

Failed to comply with previous order of Commission/Executive Director – §51.353(a); §62.90

Used or provided unauthorized assistance in connection with an examination – §60.52(a); §62.21(b)

Failed to pay the Department for a dishonored payment – §60.82; §62.80(g)

Cheated on an examination – §62.21(c)