| (G) failing to complete and submit the course applications
and student documents within established time frames;
(H) coordinating or attempting to coordinate a course
above the coordinator's level of certification;
(I) compromising or failing to maintain the order,
discipline and fairness of a department-approved course or program;
(J) allowing inadequate class presentations in a course
for which the coordinator is responsible;
(K) demonstrating a lack of supervision of personnel
instructing in courses for which the coordinator is responsible;
(L) compromising an examination or examination process
administered or approved by the department;
(M) cheating or assisting another in cheating on an
EMS examination, other evaluation or any other activity offered or
conducted by the department, a training program approved by the department,
or a provider licensed by the department;
(N) accepting any benefit to which there is no entitlement
or benefits in any manner through fraud, deception, falsification,
misrepresentation, theft, misappropriation, or coercion;
(O) failing to maintain appropriate policies, procedures
and safeguards to ensure the safety of students, instructors or other
class participants;
(P) allowing recurrent use of inadequate, inoperable,
or malfunctioning equipment;
(Q) failing to maintain the fiscal integrity of a course
for which the coordinator is responsible;
(R) issuing a check to the department which is returned
unpaid;
(S) failing to maintain education course records;
(T) demonstrating unwillingness or inability to comply
with the Health and Safety Code and/or the rules adopted thereunder;
(U) failing to give the department true and complete
information when asked regarding any alleged or actual violation of
the Health and Safety Code, or the rules adopted thereunder, or failing
to report a violation;
(V) functioning or attempting to function as a course
coordinator during a period of suspension which may be cause for suspension
of the coordinator certification;
(W) committing any violation during a probationary
period;
(X) failing to report a violation of the Health and
Safety Code, Chapter 773, or the rules adopted thereunder;
(Y) failing to notify the department when any current
EMS student or student applicant, or certified or licensed program
employee is arrested for, or received a conviction, deferred adjudication
or deferred prosecution for, any crime, upon the coordinator's discovery
of such;
(Z) failing to notify the department of a conviction,
deferred adjudication, or deferred prosecution for a crime which directly
relates to the person's ability to carry out the duties and responsibilities
of an EMS personnel or EMS course coordinator, per the guidelines
and criteria outlined in §157.37 of this title; and
(AA) demonstrating unprofessional conduct such as,
but not limited to the following:
(i) retaliation;
(ii) discrimination; shall not discriminate on the
basis of race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status, in any of its activities or operations.
(iii) verbal or physical abuse; or
(iv) inappropriate physical or sexual contact.
(4) Notification. If the department proposes to suspend
or revoke a course coordinator's certificate, the course coordinator
shall be notified at the address shown in the current records of the
department. The notice must state the alleged facts or conduct warranting
the action and state that the course coordinator has an opportunity
to request a hearing in accordance with the Administrative Procedure
Act, Government Code, Chapter 2001.
(A) The course coordinator may request a hearing after
the date of the notice. This request shall be in writing and submitted
to the department.
(B) If the course coordinator does not request a hearing
within 30 days after the date of the notice of opportunity, the course
coordinator waives the opportunity for a hearing and the department
shall implement its proposal.
(5) Probation. The department may probate any penalty
assessed under this section and may specify terms and conditions of
any probation issued.
(6) Reapplication.
(A) Two years after the revocation of a certificate,
an individual may petition the department, in writing, for the opportunity
to reapply for certification.
(B) The department shall evaluate the petition and
may allow or deny the opportunity to reapply for certification.
(C) in evaluating a petition for permission to reapply
for certification the department shall consider but is not limited
to the following issues:
(i) the likelihood of a repeat of the actions or inactions
that led to revocation;
(ii) the petitioners overall record as a course coordinator;
(iii) letters of support or recommendation;
(iv) letters of protest or nonsupport of the petition;
and
(v) the need for the services of a course coordinator
in the given area the course coordinator would serve.
(D) The petitioner shall be notified of the department's
decision to allow or deny the submission of reapplication for certification
within 60 days of the submission of the request.
(E) A course coordinator whose certificate expires
during a suspension or revocation period may not petition to reapply
for certification until the end of the suspension or revocation period.
(n) For all applications and renewal applications,
the department is authorized to collect subscription and convenience
fees, in amounts determined by the Texas Online Authority, to recover
costs associated with application and renewal application processing
through Texas Online.
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