(a) If suspension of a person's registration is the appropriate sanction for a violation of a statutory provision or rule enforced by the Board, the Board and the administrative law judge shall apply the following guidelines to determine whether the suspension will be active or probated:
  (1) The Board and the administrative law judge shall impose an active suspension upon a finding that the respondent:
    (A) violated a statutory provision or rule enforced by the Board that demonstrated gross negligence or recklessness, or the conduct posed a serious threat to the health or safety of the public;
    (B) violated a statutory provision or rule enforced by the Board which caused economic damage to property in excess of $1,000;
    (C) committed a violation of a statutory provision or rule enforced by the Board while the respondent's registration was on probated suspension;
    (D) has a sanction history including at least two findings by the Board that the respondent engaged in conduct for which the respondent's registration could have been suspended or revoked pursuant to §3.232; or
    (E) would likely engage in the practice of Landscape Architecture in a manner that does not comply with a standard or practice normally followed by a reasonably prudent Landscape Architect under the same or similar circumstances.
  (2) In any case in which active suspension is not warranted, the suspension imposed by the Board shall be probated.
(b) A person whose registration is under active suspension may not engage in the Practice of Landscape Architecture. A person whose registration is under active suspension may not Supervise and Control or have Responsible Charge over the Practice of Landscape Architecture by another.
(c) The Board may impose any of the following terms and conditions upon the practice of a person whose registration is subject to a probated suspension:
  (1) monitoring of practice, including mandatory submission of information to the Board and random and unannounced visits by personnel of the Board to investigate compliance with the terms of the probated suspension;
  (2) directed continuing education on applicable subjects, including ethics training, in excess of the continuing education requirements applicable to all Registrants;
  (3) limitations on scope of practice;
  (4) mandatory Supervision and Control of practice by another registered Landscape Architect; and
  (5) successful completion of a rehabilitation program pursuant to §3.150.
(d) If a person violates the terms of a probated suspension of registration, the Board may:
  (1) prolong the period of probated suspension;
  (2) impose an active suspension of registration; or
  (3) impose additional terms and conditions upon the probated suspension.
(e) If a person engages in the Practice of Landscape Architecture while the person's registration is subject to an active suspension, the Board may impose any or all of the following:
  (1) issue an order restraining any further practice by the person;
  (2) impose an administrative penalty;
  (3) impose an additional period of suspension; or
  (4) revoke the person's certificate of registration.
(f) In addition to fulfilling the terms and conditions of a probated or active suspension of registration, a person must fulfill the requirements of §3.178 in order to obtain reinstatement of the person's suspended certificate of registration.

Source Note: The provisions of this §3.234 adopted to be effective March 16, 2005, 30 TexReg 1446