Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013 Page: 4,483
4445-4554 p. ; 28 cm.View a full description of this periodical.
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STATUTORY AUTHORITY
The repeal is authorized by the Texas Occupations Code,
503.203, which authorizes the board to adopt rules necessary
for the performance of its duties, as well as under the Texas
Occupations Code, 503.202, which authorizes the board to set
fees reasonable and necessary to cover the costs of adminis-
tering this chapter.
The repeal affects Texas Occupations Code, Chapter 503.
681.147. Activities Unacceptable as Continuing Education.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 27, 2013.
TRD-201302729
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: August 11, 2013
For further information, please call: (512) 776-6972
SUBCHAPTER K. COMPLAINTS AND
VIOLATIONS
22 TAC 681.161, 681.162, 681.164 - 681.172
STATUTORY AUTHORITY
The amendments are authorized by the Texas Occupations
Code, 503.203, which authorizes the board to adopt rules
necessary for the performance of its duties, as well as under
the Texas Occupations Code, 503.202, which authorizes the
board to set fees reasonable and necessary to cover the costs
of administering this chapter.
The amendments affect Texas Occupations Code, Chapter 503.
681.161. Complaint Procedures.
(a) (No change.)
(b) A complaint shall not be accepted by the board office if it
is not filed within five years of the date of termination of the counseling
[counselor-client] relationship which gave rise to the alleged violations.
If the client was a minor at the time of the alleged violation, this time
limitation does not begin to run until the client reaches the age of 18
years. A complainant shall be notified of the non-acceptance of un-
timely complaints. This time limitation shall not apply to complaints
involving violations of 681.42 of this title (relating to Sexual Miscon-
duct) or the board's previous rules relating to sexual activities.
(c) Upon receipt of a complaint, the executive director shall
send an acknowledgment letter to the complainant. The executive di-
rector may accept an anonymous complaint if [there is] sufficient in-
formation has been provided regarding the alleged violation to conduct
an [for the] investigation.
(d)- (e) (No change.)
(f) If it is determined that the matters alleged in the complaint
are non-jurisdictional, or if the matters alleged in the complaint would
not constitute a violation of the Act or this chapter, the executive direc-
tor [Executive Direetor] may dismiss the complaint and give written
notice of dismissal to the licensee or person against whom the com-
plaint has been filed, the complainant, and the complaints committee.(g) (No change.)
(h) If the committee determines that there are insufficient
grounds to support the complaint, the committee shall dismiss the
complaint and give written notice of the dismissal to the complainant
and licensee or person against whom the complaint has been filed [and
the complainant].
(i) (No change.)
(j) If a written complaint is filed with the board which [that] the
board has the authority to resolve, the board, periodically, shall notify
the parties to the complaint of the status of the complaint unless the
notice would jeopardize an undercover investigation.
681.162. Disciplinary Action; Notices.
(a) - (b) (No change.)
(c) If denial, revocation, or suspension of a license is proposed,
the board shall give written notice of the basis for the proposal and state
that the licensee or applicant must request, in writing, a formal hearing
within 15 working days of receipt of the notice, or the right to a hearing
shall be waived and the license shall be denied, revoked, or suspended.
(d) - (e) (No change.)
681.164. Licensing of Persons with Criminal Convictions.
(a) - (b) (No change.)
(c) The board may suspend or revoke an existing license, dis-
qualify a person from receiving a license, or deny [to] a person the op-
portunity to be examined for a license because of a person's conviction
of a felony or misdemeanor if the crime directly relates to the duties and
responsibilities of a licensee or if the crime involves moral turpitude
which are those crimes including but not limited to dishonesty, fraud,
deceit, misrepresentation, deliberate violence, or that reflect adversely
on a licensees honesty, trustworthiness, or fitness to practice under the
scope of the person's license. In considering whether a criminal con-
viction directly relates to the profession of counseling, the board shall
consider but not limited to:
(1) - (4) (No change.)
(d) The following felonies and misdemeanors directly relate to
the duties and responsibilities of a licensee:
(1) - (6) (No change.)
(7) a misdemeanor and/or a felony offense under various
titles of the Texas Penal Code:the person;
property;(A) concerning Title 5 which relates to offenses against
(B) concerning Title 7 which relates to offenses against(C) concerning Title 8 which relates to offenses against
public administration;
(D) concerning Title 9 which relates to offenses against
public order and decency;
(E) concerning Title 10 which relates to offenses
against public health, safety, and morals; and
(F) concerning Title 4 which relates to offenses of at-
tempting or conspiring to commit any of the offenses in subparagraphs
(A) - (E) of this paragraph; or
(8) any other misdemeanor or felony directly relating
[directly relating] to the duties and responsibilities of a licensee.
(e) (No change.)PROPOSED RULES July 12, 2013 38 TexReg 4483
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Texas. Secretary of State. Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013, periodical, July 12, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326802/m1/39/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.