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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 90OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES
SUBCHAPTER GENFORCEMENT
RULE §90.94Additional Conduct Subject to Disciplinary Actions

(a) The department may deny, refuse to renew, or revoke the application or certification of an Offender Education Program or of an Instructor if the applicant for Program or Instructor certification, or the Program or Instructor certification holder, or a Program owner, Instructor, Administrator, or staff member:

  (1) fails or has failed to comply with applicable requirements under this chapter or any other applicable statute or department rule;

  (2) falsifies, submits or maintains, or has falsified, submitted, or maintained any substantially false, inaccurate, or incomplete documentation required under this chapter or related to the applicable Offender Education Program. This includes submission of any false or misleading statements in an application or other statement or correspondence to the department;

  (3) engages or has engaged in conduct or promotes, permits, or has promoted or permitted one or more participants to engage in conduct inconsistent with behaviors and principles taught or advocated under the curriculum prescribed under §90.40;

  (4) attends or has attended any Instructor training, instructs or is present at any class in an Offender Education Program, or performs duties related to an Offender Education Program while under the influence or impaired by alcohol or controlled substances, or provides one or more course participants with, or permits or encourages one or more course participants to use, any alcohol or controlled substance;

  (5) engages or has engaged in conduct toward another that is violent or that constitutes abuse, neglect, or exploitation under applicable law; or

  (6) engages or has engaged in conduct with respect to a participant that is inequitable, discriminatory, degrading, disrespectful, retaliatory, of a romantic or sexual nature, or which otherwise is or may be harmful to the health, safety, or welfare of a participant, to participants generally, or to the public.

(b) If a Program/Provider or Instructor whose certification has been denied, initially or at renewal, or revoked thereafter reapplies, the Program/Provider or Instructor shall be required, with the application, to show that the facts and circumstances that led to revocation, denial, or a refusal to renew no longer serve as a basis for denial.


Source Note: The provisions of this §90.94 adopted to be effective November 1, 2017, 42 TexReg 4632

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