| (a) Audits.
(1) The Commission staff may:
(A) conduct on-site audits without prior notice to
an approved provider or instructor; and
(B) enroll and attend a course without identifying
themselves as employees of the Commission for purposes of auditing
a course.
(2) An audit report indicating noncompliance with the
Act or Rules is treated as a written complaint against the accredited
provider or instructor concerned.
(b) Complaints, investigations and hearings.
(1) The Commission shall investigate complaints against
approved providers or instructors which allege acts constituting violations
of the Act, Chapter 1102, Texas Occupations Code and Commission rules.
(2) Complaints must be in writing, and the Commission
may not initiate an investigation, or take action against an approved
provider or instructor, based on an anonymous complaint.
(3) Commission staff may initiate a complaint for any
violation of the Act, Chapter 1102, Texas Occupations Code and Commission
rules, including a complaint against an approved provider or instructor,
if a course completion certificate or other document filed with the
Commission provides reasonable cause to believe a violation of this
subchapter has occurred.
(4) The Commission shall provide the approved provider
or instructor named in the complaint a copy of the complaint.
(5) Proceedings against approved providers and instructors
will be conducted in the manner required by §1101.657 of the
Act, the Administrative Procedure Act, Texas Government Code, Chapter
2001, and Chapter 533 of this title (relating to Practice and Procedure).
Venue for any hearing conducted under this section will be in Travis
County.
(c) Cooperation with audit or complaint investigation.
An approved provider or instructor shall provide records in his or
her possession for examination by the Commission or provide such information
as is requested by the Commission not later than the 15th day after
the date of receiving a request for examination of records or information.
(d) Grounds for disciplinary action against an approved
provider or instructor.
(1) The following acts committed by an approved provider
or instructor are grounds for disciplinary action by the Commission:
(A) 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;
(B) making a false representation to the Commission,
either intentionally or negligently, that a person had attended a
course or a portion of a course for which credit was awarded, that
a person had completed an examination, or that the person had completed
any other requirement for course credit;
(C) 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 course credit;
(D) failing to provide, not later than the 15th day
after the date of a request, information requested by the commission
as a result of a complaint which would indicate a violation of these
sections;
(E) making a materially false statement to the Commission
in response to a request from the Commission for information relating
to a complaint against the approved provider or instructor;
(F) disregarding or violating a provision of this Chapter
or the Act; or
(G) a provider of qualifying education failing to maintain
sufficient financial resources to continue operation of the provider.
(2) If the Commission receives a complaint, or is presented
with other evidence acceptable to the Commission alleging that a provider
or instructor is not adequately teaching to the curriculum standards
as required by this Chapter, the Commission may initiate a complaint
against that provider or instructor.
(3) If after an investigation the Commission determines
that a provider or instructor engaged in any of the acts listed in
this subsection, or failed to teach to the curriculum standards as
required by this Chapter, the Commission may take the following disciplinary
action against a provider or instructor:
(A) reprimand;
(B) impose an administrative penalty;
(C) require additional education; or
(D) suspend or revoke approval.
(e) Probation. The Commission may probate an order
of suspension or revocation issued under this section upon reasonable
terms and conditions.
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