The commission may discipline regulated persons for violations, but it must not base discipline on peer-to-peer support participation. It must also provide hearing rights and follow set procedures and timelines.
Sec. 419.036. DISCIPLINARY ACTIONS. (a) The commission may revoke or suspend a certificate, place on probation a person whose certificate has been suspended, or reprimand a regulated person for a violation of this subchapter or a rule of the commission. If a regulated person's suspension is probated, the commission may require the practitioner: (1) to report regularly to the commission on matters that are the basis of the probation; (2) to limit practice to the areas prescribed by the commission; or (3) to continue or renew professional education until the practitioner attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation. (b) If the commission proposes to suspend or revoke a person's certificate, the person is entitled to a hearing before the commission or a hearings officer appointed by the commission. The commission shall prescribe procedures by which all decisions to suspend or revoke are made by or are appealable to the commission. (c) A complaint case opened by the commission based on a violation found during an inspection conducted under Section 419.027 must be opened not later than the 30th day after the date the commission provides notice of the violation to the applicable department, agency, institution, or facility. (d) The commission by rule shall create a matrix for determining penalty amounts and disciplinary actions for fire departments, training providers, and certified personnel who commit violations of this chapter or a rule adopted under this chapter. In developing the matrix, the commission shall consider the following factors: (1) compliance history; (2) seriousness of the violation; (3) the safety threat to the public or fire personnel; (4) any mitigating factors; and (5) any other factors the commission considers appropriate. (e) The commission may not take disciplinary action against a regulated person based on the person's participation in peer-to-peer support and other peer-to-peer services and may not consider the person's participation during any disciplinary proceeding under this chapter. Added by Acts 1991, 72nd Leg., ch. 628, Sec. 2, eff. Sept. 1, 1991. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 20, eff. September 1, 2009. Acts 2025, 89th Leg., R.S., Ch. 708 (H.B. 35), Sec. 2, eff. September 1, 2025.