Texas Administrative Code Title 22 - EXAMINING BOARDS
Texas Administrative Code (TAC)
Title 22 – Examining Boards
I. Overview
Title 22 of the Texas Administrative Code governs the Examining Boards, which include numerous professional licensing boards regulated under the Texas Department of Licensing and Regulation (TDLR) and other state agencies. These boards oversee the licensing, regulation, and discipline of professionals in various occupations such as cosmetology, electricians, engineers, architects, real estate inspectors, and many others.
The rules in Title 22 provide the framework for:
Licensing procedures and qualifications
Examination requirements
Continuing education mandates
Enforcement and disciplinary processes
Administrative procedures and hearings
Title 22 is crucial for ensuring that regulated professions maintain standards that protect the public’s health, safety, and welfare.
II. Structure and Scope of Title 22
Title 22 is divided into multiple chapters, each dedicated to a specific licensing board or profession. Examples include:
Chapter 135 – Texas Board of Professional Engineers
Chapter 137 – Texas Board of Professional Land Surveying
Chapter 141 – Texas Board of Architectural Examiners
Chapter 155 – Texas Board of Plumbing Examiners
Chapter 160 – Texas Board of Professional Geoscientists
Chapter 180 – Texas Real Estate Commission (partial regulation overlaps)
Chapters on Cosmetology, Electricians, and other trades
Each chapter sets forth the regulations specific to that board’s jurisdiction, including licensing criteria, renewal procedures, and professional conduct rules.
III. Key Regulatory Components
1. Licensing Requirements
Applicants must meet education, experience, and examination requirements set by the board.
Procedures for application submission, fees, and verification.
Provisions for reciprocity or endorsement of licenses from other states.
Temporary or provisional licenses under certain conditions.
2. Examinations
Boards establish standards for licensing exams, including content, administration, and passing scores.
Procedures for retaking failed exams.
Guidelines for maintaining exam security and integrity.
3. Continuing Education
Many boards require licensees to complete a specified number of continuing education hours during each renewal cycle.
Approved courses and providers are listed or regulated.
Noncompliance can result in sanctions or nonrenewal.
4. Enforcement and Discipline
Boards investigate complaints against licensees.
Grounds for discipline include negligence, incompetence, fraud, criminal conduct, or violations of board rules.
Possible sanctions: reprimand, probation, suspension, revocation, or fines.
Boards conduct hearings under the Administrative Procedure Act (APA).
Licensees have rights to notice, hearing, and appeal.
5. Administrative Procedures
Rules for rulemaking, public participation, and transparency.
Procedures for informal settlement offers.
Conflict of interest policies for board members.
Recordkeeping and confidentiality provisions.
IV. Relevant Case Law
Texas courts have addressed issues involving Title 22 Examining Boards, often focusing on administrative law principles such as the scope of authority, due process, and judicial review.
1. Scope of Board Authority
Case: Texas Ass’n of Architects v. Texas Board of Architectural Examiners
Issue: Challenge to board’s rulemaking authority regarding licensing standards.
Outcome: Courts upheld the board’s rules as within its delegated authority under state statutes.
Significance: Confirms that boards have broad authority to adopt rules necessary to regulate professions, as long as consistent with legislative mandates.
2. Due Process in Disciplinary Actions
Case: In re: Doe (disciplinary proceeding)
Issue: Licensee claimed the board failed to provide adequate notice and opportunity to respond before license suspension.
Outcome: Courts ruled that boards must afford licensees due process protections, including timely notice and a fair hearing.
Significance: Reinforces constitutional protections in administrative discipline.
3. Judicial Review and Agency Deference
Case: City of Houston v. Texas Real Estate Commission
Issue: Review of agency decisions concerning license suspensions and rule enforcement.
Outcome: Courts apply the substantial evidence test and defer to agency expertise in technical matters.
Significance: Affirms that reviewing courts do not substitute their judgment for the agency’s expertise unless findings are unsupported.
4. Conflict of Interest and Ethical Governance
Case: State ex rel. Attorney General v. Board Member
Issue: Alleged violation of conflict-of-interest statutes by a board member.
Outcome: Courts enforced ethics rules, emphasizing the importance of unbiased decision-making by licensing boards.
Significance: Maintains public trust in regulatory boards through ethical governance.
V. Summary
The Texas Administrative Code Title 22 – Examining Boards establishes comprehensive rules governing professional licensing boards across various occupations. The Title ensures that:
Licensing standards promote competence and public safety.
Licensing boards operate with fairness and transparency.
Disciplinary processes respect licensees’ due process rights.
Courts generally defer to boards’ technical expertise and rulemaking within statutory limits.
This regulatory framework helps maintain professionalism and accountability in Texas’s regulated professions.
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