5.4 Prohibited Practices, Discipline, Enforcement and Penalties

Why This Section Matters

Enforcement is where third-party Texas fire alarm study material goes most badly wrong, inventing per-day administrative penalties and "each day is a separate offense" clauses that do not exist in Chapter 6002. Learn what the statute actually says and you will out-answer most of the material circulating online.

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1. Prohibited Practices (§ 6002.301)

An individual or organization may not:

Only three. Subsection (3) is the catch-all that converts any Subchapter F breach — a missing installation certificate, an unmarked vehicle, an un-notified red label — into a prohibited practice.

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2. Disciplinary Actions (§ 6002.302)

"(a) The state fire marshal may suspend, revoke, or refuse to issue or renew a registration certificate or license if, after notice and hearing, the state fire marshal finds that the applicant, registrant, or license holder has engaged in acts that: (1) violate this chapter; (2) violate rules or standards adopted under this chapter; or (3) constitute misrepresentation made in connection with the sale of products or services rendered."

Subsection (b) adds that an original or renewal registration certificate, license, or testing laboratory approval may be denied, suspended, or revoked if, after notice and public hearing, the commissioner — through the state fire marshal — determines from the evidence that the chapter or a rule has been violated.

Three sanctions are named: suspend, revoke, refuse to issue or renew. Section 6002.302 does not itself authorize a fine, probation, or a reprimand.

Two rules point back to § 6002.302 specifically:

• § 34.612 — altering a certificate, license, or approval renders it invalid and is a basis for administrative action under § 6002.302.
• § 6002.153(e) — failure to maintain the required liability insurance is grounds for denial, suspension, or revocation after notice and opportunity for hearing.

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3. Due Process at SOAH (§ 6002.303)

"(a) If the state fire marshal proposes to suspend, revoke, or refuse to renew a license or registration certificate …, the holder is entitled to a hearing conducted by the State Office of Administrative Hearings. (b) Proceedings for a disciplinary action are governed by Chapter 2001, Government Code [the Administrative Procedure Act]. (c) Rules of practice adopted by the commissioner may not conflict with rules adopted by SOAH."

An independent administrative law judge at SOAH conducts the hearing under the APA; the commissioner's own procedural rules yield to SOAH's.

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4. Reapplication After Revocation (§ 6002.304)

"(a) A holder of a registration certificate, license, or testing laboratory approval that has been revoked may not file another application before the first anniversary of the effective date of the revocation. (b) An individual or organization reapplying must request a public hearing to show cause why the issuance of a new registration certificate, license, or approval should not be denied."

Two elements: a one-year bar, and an affirmative duty to request a public hearing and carry the show-cause burden. Revocation is not self-curing after a year.

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5. Investigations and Administrative Sanctions (§ 34.625)

Note where the administrative penalty authority actually lives: Government Code § 417.010, not Chapter 6002 and not an Insurance Code administrative-penalty chapter. Neither Chapter 6002 nor Subchapter F states a dollar amount or a per-day multiplier. Any answer choice reciting a specific per-day administrative penalty under Chapter 6002 is a distractor.

Note also subsection (b): notice goes to both the firm and the responsible licensee. Individual accountability travels with the work.

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6. Criminal Penalty (§ 6002.351)

"(a) An individual or organization commits an offense if the individual or organization violates Section 6002.151, 6002.152, or 6002.154. (b) An offense under this section is a Class B misdemeanor. (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed."

Three things to lock in:

1. The predicate sections are limited. Only §§ 6002.151 (firm registration certificate required), 6002.152 (branch office certificate required), and 6002.154 (licensed technician/superintendent requirements) carry criminal liability. A labeling or recordkeeping breach is administrative, not criminal.
2. Class B misdemeanor — under the Texas Penal Code, punishable by a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or both.
3. Venue is in Travis County or the county of the offense. Chapter 6002 contains no "each day is a separate offense" provision.

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7. The Enforcement Map

   Complaint (any party) or department's own motion       § 34.625(a)
                     |
                     v
   SFMO investigation of the registered firm              § 34.625(a)
                     |
                     v
   Written notice to the FIRM and the responsible
   LICENSEE upon completion of the report                 § 34.625(b)
                     |
        +------------+-------------------------+
        |                                      |
        v                                      v
   Administrative action per Gov't Code   Criminal referral for a
   § 417.010: suspension, revocation,     violation of §§ 6002.151,
   refusal to issue/renew, cease and      6002.152 or 6002.154
   desist, administrative penalty,               |
   restitution                                   v
        |                                  Class B misdemeanor
        v                                  Venue: Travis County or
   SOAH contested case under APA                county of offense
   Chapter 2001                           § 6002.351
   § 6002.303
        |
        v
   Revocation -> 1-year bar + must request a public
   hearing to show cause                          § 6002.304

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8. Worked Fact Patterns

Pattern A. An unregistered company installs a commercial fire alarm system. → § 6002.301(1) prohibited practice; § 6002.151 violated, so § 6002.351 applies: a Class B misdemeanor, venue in Travis County or the county of the offense. Chapter 6002 does not multiply the offense per day.

Pattern B. A licensee falsifies experience on an instructor approval application. → § 6002.301(2) — obtaining or attempting to obtain a credential by fraudulent representation — and grounds for action under § 6002.302.

Pattern C. A firm fails to send the AHJ copy of an installation certificate within 10 days. → Rule violation under § 34.617(3), which is a § 6002.301(3) prohibited practice and grounds for administrative action under § 6002.302 and § 34.625(c). It is not a criminal offense, because § 34.617 is not a predicate section in § 6002.351.

Pattern D. A license is revoked effective March 1. The former licensee reapplies the following January. → Barred. Section 6002.304(a) prohibits filing before the first anniversary of the effective date. A reapplication on or after the next March 1 must also request a public hearing to show cause.

Pattern E. An exam answer choice states the SFMO may assess "$10,000 per day per violation" under Chapter 6002. → Distractor. Administrative penalties are imposed as provided in Government Code § 417.010; no per-day amount appears in Chapter 6002 or Subchapter F.