19 Tex. Admin. Code § 249.4 - Applicability
(a) In conjunction with the rules of practice
and procedure of the State Office of Administrative Hearings (SOAH), (1 Texas
Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure)) and
other applicable law, this chapter shall govern disciplinary matters before the
State Board for Educator Certification (SBEC), including the following
proceedings:
(1) sanctions sought against a
certificate holder;
(2) appeals of
administrative denials;
(3) appeals
of the administrative cancellation or withholding of test scores for alleged
violation of test administration rules;
(4) reinstatement of a suspended
certificate;
(5) complaints of
contract abandonment filed with the Texas Education Agency (TEA) staff pursuant
to Texas Education Code (TEC), §§21.105(c), 21.160(c), or
21.210(c);
(6) sanctions sought
against a certificate for the holder's knowing failure to report criminal
history or other information required to be reported under the TEC, Chapter 22,
Subchapter C; Texas Family Code, Chapter 261, Subchapter B; or this chapter;
and
(7) sanctions sought against a
certificate pursuant to Chapter 101 of this title (relating to Assessment) for
violations of security or confidential integrity of any test required by the
TEC, Chapter 39, Subchapter B.
(b) The SOAH shall conduct all contested case
hearings held under this chapter.
(c) This chapter shall apply to any matter
referred for a contested case hearing.
(d) This chapter does not apply to matters
related to the proposal or adoption of the SBEC rules under the Texas
Government Code, Chapter 2001, or to internal personnel policies or practices
of the TEA staff or the SBEC. The provisions of this chapter may not be used to
seek sanctions against a member of the SBEC or the TEA staff acting in that
capacity.
Notes
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