This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:43 GMT
(a) The department may disapprove, suspend, or revoke a certification if the applicant or certification holder:(1) has a criminal conviction that relates to the duties and responsibilities of a training program, instructor, or promotor(a) or community health worker, based on:(A) the nature and seriousness of the crime;(B) the length of time since the crime occurred;(C) how the certification may have facilitated the crime; and(D) the extent to which certification could create an opportunity to engage in further criminal activity of a similar nature;(2) falsely represents oneself as a certified training program, instructor, or promotor(a) or community health worker without a certification issued under this chapter;(3) obtains or attempts to obtain a certification under this chapter using false information or through bribery;(4) violates §146.7 of this chapter (relating to Professional and Ethical Standards); or(5) has a certification in another jurisdiction denied, revoked, suspended, or otherwise subjected to adverse action.(b) In determining enforcement under this section, the department considers:(1) the pattern of behavior and severity of the violation;(2) the length of time since the violation occurred;(3) any potential harm to the public; and(4) any previous violation by the applicant or certification holder.(c) If the department disapproves, suspends, or revokes a certification under this section, the department gives the person written notice of the reason or reasons for the decision and the opportunity to request a fair hearing conducted under Chapter 1, Subchapter C of this title (relating to Fair Hearing Procedures).(d) A person whose certificate is disapproved or revoked under this section is ineligible for a certificate under this chapter for two years from the date of the disapproval or revocation. Upon disapproval, suspension, or revocation, the certificate holder shall return a certificate or an identification card to the department.