In a recent case, Riley v. Texas State Bd. Of Examiners of Prof. Counselors, No. 03-09-0058-CV (Tex. App. – Austin May 14, 2010), an individual failed to timely file her professional counselor license renewal. She subsequently sued the Board of Examiners of Professional Counselors for failing to send her the required notice under Tex. Occ. Code Sec. 503.353 that her license was about to expire. However, the court found that the Board’s failure to send the notice does not affect the renewal deadline. Under Tex. Occ. Code Sec. 503.354 (a), the licensee has the responsibility to secure renewal. Therefore, the Board’s failure to send the notice does not excuse the licensee from complying with licensure requirements.
