(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. Commission employees may file written complaints against
providers or instructors if documents filed with the commission provide reasonable
cause to believe a violation of these sections has occurred.
(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, Article
6252-13a, Texas Civil Statutes and the commission's general rules of practice
and procedure. Venue for any hearing conducted under this section shall be
in Travis County.
(c) Audits and evaluations. 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.
(d) A provider or instructor shall fully assist any employee
of the commission engaged in the performance of an audit or investigation
of a complaint and shall provide records in his possession for examination
by the commission or provide such information as is requested by the commission
within 15 days of receiving a request for examination of records or information.
(e) 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.
(f) 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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Source Note: The provisions of this §535.73 adopted to be effective May 1, 1990, 15 TexReg 873; amended to be effective May 4, 1995, 20 TexReg 3019; amended to be effective June 1, 2000, 25 TexReg 3254 |