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RULE §217.5Denial and Cancellation

(a) The commission may deny an application for any license and may refuse to accept a report of appointment if the:

  (1) applicant has not been reported to the commission as meeting all minimum standards, including any training or testing requirements;

  (2) applicant has not affixed any required signature;

  (3) required forms or documentation are incomplete, illegible, or are not attached;

  (4) application is not submitted or signed by a chief administrator, or designee with authority to appoint the applicant to the position reported;

  (5) application is not submitted by the appointing agency or entity;

  (6) agency reports the applicant in a capacity that does not require the license sought;

  (7) agency fails to provide documentation, if requested, of the agency's creation or authority to appoint persons in the capacity of the license sought or the agency is without such authority; or

  (8) application contains a false assertion by any person; or

  (9) applicant is subject to pending administrative action against a commission-issued license.

(b) An agency chief administrator or school district may not appoint an applicant subject to pending administrative action based on:

  (1) enrollment or licensure ineligibility; or

  (2) statutory suspension or revocation.

(c) If an application is found to be incorrect or subject to denial under subsection (a) of this section, any license issued to the applicant by the commission is subject to cancellation.

(d) Any such document may expire or be cancelled, surrendered, suspended, revoked, deactivated, or otherwise invalidated. Mere possession of the physical document does not necessarily mean that the person:

  (1) currently holds, has ever held, or has any of the powers of the office indicated on the document; or

  (2) still holds an active, valid license, or certificate.

(e) The effective date of this section is February 1, 2014.

Source Note: The provisions of this §217.5 adopted to be effective March 1, 2001, 26 TexReg 227; amended to be effective June 1, 2004, 29 TexReg 3817; amended to be effective January 17, 2013, 37 TexReg 10253; amended to be effective February 1, 2014, 38 TexReg 9611

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