| instructor's
approval would expire, absent renewal. AFS may refuse to issue or
renew a certificate for an individual who presents for credit an unapproved
course; a course taught by an unapproved outside instructor; or a
course taught using unapproved, incomplete, or incorrect materials.
(l) Complaints.
(1) Complaints regarding outside instructors shall
be made to AFS in writing by email, fax, or U.S. Postal Service; shall
include the printed name, address, telephone number, and, if filed
by fax or U.S. Postal Service, the signature of the person complaining;
shall state the outside instructor's name, the date, location, and
title of the course; and shall describe the facts that show the outside
instructor:
(A) failed to meet or maintain AFS requirements for
outside instructor approval;
(B) failed to deliver a course as approved, including
failure to follow the approved curriculum, to use the approved course
materials, or to deliver the requisite numbers of hours of instruction;
or
(C) engaged in other conduct, including the use of
language, that created an atmosphere not conducive to learning. Such
conduct includes but is not limited to demeaning, derogating, or stereotyping
women or men, disabled persons, members of any political, religious,
racial, or ethnic group, or a particular individual, organization,
or product.
(2) Upon receipt of a complaint and at its discretion,
AFS may gather any additional information necessary or appropriate
to making a full and complete analysis of the complaint. AFS shall
send a written copy of the analysis and any findings to the outside
instructor who is the subject of the complaint. The outside instructor
may file a written response within 20 calendar days from the date
the findings are postmarked.
(3) If AFS determines that an outside instructor has
engaged in conduct prohibited by this section, AFS may prepare a report
that states the facts on which the determination is based and the
recommendation as to the action AFS intends to take. AFS may issue
a written warning to the outside instructor; decline to approve or
renew the outside instructor's approval; or revoke the outside instructor's
approval.
(4) AFS shall send a written copy of the report and
recommendation to the outside instructor and shall include a statement
that the outside instructor has a right to a hearing on the determination
contained in the report.
(5) Within 20 calendar days after the date the notice
is postmarked, the outside instructor shall file a written response
either accepting the determination and recommended action or requesting
a hearing on the determination.
(6) If the outside instructor accepts the determination,
he or she shall notify AFS in writing of the acceptance, and AFS shall
take the action indicated in the report.
(7) If an outside instructor requests a hearing or
fails to respond timely to the notice given under paragraph (5) of
this subsection, the AFS director shall refer the matter to the Hearings
Division.
(8) Following the hearing, the Commission may enter
an order finding that the outside instructor has violated Commission
rules or that no violation has occurred; and may make any other finding
based on the evidence in the record.
(9) If the outside instructor does not comply with
the order of the Commission, and if the enforcement of the Commission's
order is not stayed, then the Office of General Counsel may refer
the matter to the attorney general for enforcement of the Commission's
order.
|
| Source Note: The provisions of this §9.54 adopted to be effective May 28, 2001, 26 TexReg 3742; amended to be effective August 25, 2003, 28 TexReg 6831; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119 |
