| (a) The commission shall investigate complaints against MCE providers or instructors which allege acts constituting violations of these sections. Complaints must be in writing and the commission shall not initiate an investigation or take action against a provider or instructor based on an anonymous complaint. (b) Complaints received by the MCE section of the education division of the commission or by any other division of the commission shall be referred to the enforcement division for appropriate resolution. The provider or instructor named in the complaint shall be provided with a copy of the complaint. Proceedings involving MCE providers or instructors shall be conducted in accordance with the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, and the commission's general rules of practice and procedure. Venue for any hearing conducted under this section shall be in Travis County.
(c) Commission employees may conduct on-site audits of any course offered by an approved MCE provider. Audits shall be conducted without prior notice to the MCE provider, and commission employees may enroll and attend an MCE course without identifying themselves as employees of the commission. Commission employees also may evaluate the effectiveness of course materials or instructors through surveys of students. An audit report indicating noncompliance with these sections will be treated as a written complaint against the provider or instructor concerned and will be referred to the enforcement division for appropriate resolution. Commission employees may file written complaints against providers or instructors if course completion cards or other documents filed with the commission provide reasonable cause to believe a violation of these sections has occurred. (d) The commission may reprimand, suspend or revoke the authority of a provider to offer MCE
courses or suspend or revoke the approval of an instructor to teach MCE courses when it has been determined that the provider or instructor has been guilty of: (1) procuring or attempting to procure approval for a provider, course, or instructor by fraud, misrepresentation, or deceit, or by making a material misrepresentation of fact in an application filed with the commission; (2) making a false representation to the commission, either intentionally or negligently, that a person had attended a course or portion of a course for which MCE credit was awarded, that a person had completed an examination, or that the person had completed any other requirement for an MCE course; (3) aiding or abetting a person to circumvent the requirements for attendance established by these sections, the completion of any examination or any other requirement for completion of an MCE course; (4) failing to provide within 15 days
information requested by the commission as a result of a complaint which would indicate a violation of these sections; (5) disregarding or violating a provision of these sections or the Act; or (6) making a materially false statement to the commission in response to a request from the commission for information relating to a complaint against the provider or instructor. (e) An order of suspension or revocation issued under this section may be probated upon reasonable terms and conditions as determined by the commission.
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