| (a) The department may disapprove, suspend, or revoke
a certification if the applicant or certification holder:
(1) has a criminal conviction that relates to the duties
and responsibilities of a training program, instructor, or promotor(a)
or community health worker, based on:
(A) the nature and seriousness of the crime;
(B) the length of time since the crime occurred;
(C) how the certification may have facilitated the
crime; and
(D) the extent to which certification could create
an opportunity to engage in further criminal activity of a similar
nature;
(2) falsely represents oneself as a certified training
program, instructor, or promotor(a) or community health worker without
a certification issued under this chapter;
(3) obtains or attempts to obtain a certification under
this chapter using false information or through bribery;
(4) violates §146.7 of this chapter (relating
to Professional and Ethical Standards); or
(5) has a certification in another jurisdiction denied,
revoked, suspended, or otherwise subjected to adverse action.
(b) In determining enforcement under this section,
the department considers:
(1) the pattern of behavior and severity of the violation;
(2) the length of time since the violation occurred;
(3) any potential harm to the public; and
(4) any previous violation by the applicant or certification
holder.
(c) If the department disapproves, suspends, or revokes
a certification under this section, the department gives the person
written notice of the reason or reasons for the decision and the opportunity
to request a fair hearing conducted under Chapter 1, Subchapter C
of this title (relating to Fair Hearing Procedures).
(d) A person whose certificate is disapproved or revoked
under this section is ineligible for a certificate under this chapter
for two years from the date of the disapproval or revocation. Upon
disapproval, suspension, or revocation, the certificate holder shall
return a certificate or an identification card to the department.
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