Texas Human Resources Code 222.053 – Revocation or Suspension of Certification or Provisional Certification
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(a) The department may revoke or suspend a certification, or reprimand a certified officer:
(1) for a violation of this chapter or a department rule; or
(2) if, under Subsection (c), a panel determines that continued certification of the person threatens juveniles in the juvenile justice system.
(b) The department may place on probation a person whose certification is suspended. If the suspension is probated, the department may require the person to:
(1) report regularly to the department on matters that are the basis of the probation; and
(2) continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
Terms Used In Texas Human Resources Code 222.053
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
(c) The executive director may convene, in person or telephonically, a panel of three board members to determine if a person’s continued certification threatens juveniles in the juvenile justice system. If the panel determines that the person’s continued certification threatens juveniles in the juvenile justice system, the person’s license is temporarily suspended until an administrative hearing is held as soon as possible under Subsection (d). The executive director may convene a panel under this subsection only if the danger posed by the person’s continued certification is imminent. The panel may hold a telephonic meeting only if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
(d) A person is entitled to a hearing before the State Office of Administrative Hearings if the department proposes to suspend or revoke the person’s certification.
(e) A person may appeal a ruling or order issued under this section to a district court in the county in which the person resides or in Travis County. The standard of review is under the substantial evidence rule.
(f) In this section, “certification” includes a provisional certification.