Registered Accessibility Specialist Penalties and Sanctions

 

Registered Accessibility Specialist (EAB)

Texas Government Code, Chapter 469

16 Texas Administration Code, Chapter 68

Class A:

1st Violation, Reprimand to $1,000

2nd Violation, $500 to $2,000

3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension.

  • Failed to obtain the request for inspection form prior to proceeding with the inspection - 68.52(b)
  • Failed to provide owner results of inspection in writing - 68.52(c)
  • Failed to provide the owner a list of deficiencies and a deadline for completing modifications - 68.53(a)(1)
  • Faliure to notify the Department of changes to contact information by submitting a Registered Accessibility Specialist Contact Update form within 30 days - 68.75(d)
  • Failure to provide records of plan review, inspection, or related activities to the Department within 14 days of a written request by the Department - 68.93(c)

Class B:

1st Violation, $500 to $3,000 and/or up to 6-month probated suspension

2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension

3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension to revocation

  • Failed to obtain certificate of registration with TDLR prior to performing plan review function - 469.201, 68.90(b)
  • Failed to obtain certificate of registration with TDLR prior to performing inspection function - 469.201, 68.90(b)
  • Performing plan review/inspection functions with an expired registration - 68.74(c)
  • Failure to comply with all procedures of the Department - 68.75(c), 68.76(a)
  • Stated or implied to a building owner that the Department will approvea variance - 68.76(e)(3)
  • Submitting or preparing a variance application for a project in which the RAS has provided review or inspection services - 68.76(e)(4)
  • Performed a plan review, inspection, or related activity on a building or facility where the RAS is an owner, part owner, or an employee of an owner - 68.76(e)(7)
  • Performed a plan review, inspection, or related activity on a building or facility that is leased or will be leased by an agency of the State of Texas, when the RAS is an employee of that state agency - 68.76(e) (8)
  • Perform a plan review, inspection, or related activity on a building or facility where the RAS participated in creating the overall design of the project - 68.76(e) (9)
  • Used the Texas State seal without obtaining the appropriate license - 68.76(e)(10)

Class C:

1st Violation, $1000 to $5,000 and/or 1-year probated suspension up to revocation

2nd Violation, $2,000 to $5,000 plus 1-year probated suspension to revocation

3rd Violation, $3,500 to $5,000 per day not corrected plus revocation

  • Performed review/inspection function in a negligent or incompetent manner - 469.208(a), 68.76(a), 68.76(e)(6)
  • Engaged in false or misleading advertising - 469.208(b)
  • Failure to submit to the Department fees received on behalf of the Department - 68.75(a)
  • Engaged in activity that constitutes dishonesty, misrepresentation, fraud, or deceit - 68.76(b), 68.76(e)(5)
  • Engaging in acts or practices that constitute threats, coercion, or extortion - 68.76(b)
  • Failed to maintain primary interest of ensuring compliance with the Act, the Rules and the Texas Accessibility Standards - 68.76(c)
  • Failed to avoid conflict of interest or the appearance of a conflict of interest - 68.76(d)
  • Participated in a plan, scheme, or arrangement attempting or having at its purpose the evasion of any provision of the Act, the rules, or the Texas Accessibility Standards - 68.76(e)(1)
  • Knowingly furnished inaccurate, deceitful, or misleading information to the Department, a building owner, or other person involved in the plan review or inspection. - 68.76(e)(2)
  • Represented himself or herself as an employee of the Department or as a person hired by the Department - 68.76(e)(11)

Class D:

1st Violation, Revocation

2nd Violation, Revocation

3rd Violation, Revocation

  • Cheating on an examination - 68.90(c)
  • Failed to comply with previous order of Commission / Executive Director - 51.353(a) and 68.90(a)
  • Obtaining a license by fraud or false representation - 60.63(b)
  • Failed to pay the Department for a dishonored check - 60.82