(a) A license holder who does not wish to maintain a license, registration, or certification may voluntarily surrender the license, registration, or certification by submitting a request in writing on a form prescribed by the TBPG, provided that the license holder:      
        (1) has a current license, registration, or certification;       
        (2) is not out of compliance with a disciplinary order;       
        (3) does not have a complaint pending; and       
        (4) is not under a continuing education audit.       
      (b) The effective date of a voluntary surrender of a license shall be the date that the Board accepts the surrender and will mark the termination of the licensee's license, registration, or certification.     
      (c) Any fees paid on the license, registration, or certification shall not be refunded upon surrender.     
      (d) A license, registration, or certification that has been voluntarily surrendered may not be renewed. A licensee who has voluntarily surrendered a license, registration, or certification may apply for a new license, registration, or certification.     
      (e) The Board maintains jurisdiction over a complaint filed against a licensee alleging violation of the TBPG's Code of Professional Conduct that occurred prior to the date of surrender of the license, registration, or certification.     
     Source Note:        The provisions of this §851.35 adopted to be effective November 24, 2016, 41 TexReg 9138