Elevator Contractors Penalties and Sanctions
Elevator Contractors (ELE)
Texas Health & Safety Code, Chapter 754
16 Texas Administration Code, Chapter 74
Class A:
1st Violation, warning letter to $1,000
2nd Violation, $500 to 1,500
3rd Violation, $1,000 to $2,000 and/or 6-month probated suspension to 1-year full suspension
- Failed to submit initial jobs report - 754.0171(d), 74.25(d)(1)
- Failed to submit quarterly jobs report - 754.0171(e), 74.25(d)(2)
- Failed to notify Department within 30 days of changes to registrant information - 74.25(c)
Class B:
1st Violation, $1,000 to $3,000
2nd Violation, $1,500 to $4,000
3rd Violation, $2,500 to $5,000
- Failure to register with the Department as a contractor - 754.0171(a) and 74.25
Class C:
1st Violation, $1,000 to $3,000 and/or 1-year probated suspension up to revocation
2nd Violation, $2,000 to $4,000 plus 1-year probated suspension to revocation
3rd Violation, $4,000 to $5,000 plus revocation
- Failed to be consistent with installation, repair, alteration and maintenance standards for contractors, specifically ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, and ASCE Code 21 - 754.0171(f)
- Performed elevator installation, repair or maintenance in a negligent or incompetent manner - 74.60(a), 74.60(e)(5)
- Engaged in activity that constitutes dishonesty, misrepresentation, or fraud - 74.60(b), 74.60(e)(4)
- Engaged in acts or practices that constitute threats, coercion, or extortion - 74.60(b)
- Failed to accurately and truthfully represent to a prospective client the contractor’s capabilities and qualifications, including the extent of prior education or experience - 74.60(b), 74.60(e)(9)
- Failed to maintain primary interest of ensuring compliance with the Act, the Rules and the ASME or ASCE Code - 74.60(c)
- Failed to avoid conflict of interest or the appearance of a conflict of interest - 74.60(d)
- Participated in a plan, scheme, or arrangement attempting or having at its purpose the evasion of any provision of the Act, or the standards adopted by the Commission - 74.60(e)(1)
- Knowingly furnished inaccurate, deceitful, or misleading information to the Department, a building owner, or other person - 74.60(e)(2)
- Stated or implied to the building owner that the Department will grant a delay or waiver - 74.60(e)(3)
- Completed an equipment contract in a building or facility where the inspector is an owner, part owner, or an employee of an owner - 74.60(e)(6)
- Engage in false, misleading, or deceptive advertising - 74.60(e)(8)
- Held self out as being engaged in a partnership or association when said partnership or association does not in fact exist - 74.60(e)(10)
Class D:
1st Violation, Revocation
2nd Violation, Revocation
3rd Violation, Revocation
- Violated a previous order of Commission or Executive Director - 51.353(a)
- Obtaining a license by fraud or false representation - 60.63(b)
- Failed to pay the Department for a dishonored check - 60.82