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Riley v. Texas State Board of Examiners of Professional Counselors

The Texas State Board of Examiners of Professional Counselors' failure to provide notice of impending license expiration as required by Texas Occupations Code �503.353 did not excuse, toll or otherwise affect appellant's independent responsibility to comply with occupations code �503.354 in order to renew her license to practice professional counseling. Therefore, the Board properly denied appellant's application for renewal of her license. Austin Court of Appeals, No. 03-09-00058-CV, 05-17-2010

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OPINION

The Texas State Board of Examiners of Professional Counselors (the “Board”) denied appellant Chris D. Riley’s application to renew her license to practice professional counseling, based on Riley’s failure to renew her license within a year of its expiration in accordance with section 503.354 of the Texas Occupations Code. Riley asserts that her failure to timely renew her license is excused by the Board’s failure to provide pre-expiration notice in accordance with section 503.353 of the Texas Occupations Code. We hold that pre-expiration notice under section 503.353 is not a prerequisite to Riley’s compliance with section 503.354. We affirm the judgment of the district court affirming the decision of the Board.

Factual and Procedural Background

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