|(a) In conjunction with the rules of practice and procedure of the State Office of Administrative Hearings (SOAH), (1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure)) and other applicable law, this chapter shall govern disciplinary matters before the State Board for Educator Certification (SBEC), including the following proceedings: (1) sanctions sought against a certificate holder; (2) appeals of administrative denials; (3) appeals of the administrative cancellation or withholding of test scores for alleged violation of test administration rules; (4) reinstatement of a suspended certificate; (5) complaints of contract abandonment filed with the Texas Education Agency (TEA) staff pursuant to Texas Education Code (TEC), §§21.105(c), 21.160(c), or 21.210(c); (6) sanctions sought against a certificate for the holder's knowing failure to report criminal history or other information required to be reported under the TEC, Chapter 22, Subchapter C; Texas Family Code, Chapter 261, Subchapter B; or this chapter; and (7) sanctions sought against a certificate pursuant to Chapter 101 of this title (relating to Assessment) for violations of security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B. (b) The SOAH shall conduct all contested case hearings held under this chapter. (c) This chapter shall apply to any matter referred for a contested case hearing. (d) This chapter does not apply to matters related to the proposal or adoption of the SBEC rules under the Texas Government Code, Chapter 2001, or to internal personnel policies or practices of the TEA staff or the SBEC. The provisions of this chapter may not be used to seek sanctions against a member of the SBEC or the TEA staff acting in that capacity.
|Source Note: The provisions of this §249.4 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533