| (a) When satisfactory evidence indicates that a certificate
was issued in error and the person issued the certificate has not
fulfilled all certification requirements, the Texas Education Agency
(TEA) staff shall cancel the certificate. The effective date of cancellation
is the date the person's virtual certificate is updated to reflect
that the certificate is no longer valid.
(b) Before canceling the certificate, the TEA staff
shall notify the person issued the certificate of the reasons for
which the TEA intends to cancel the certificate and shall provide
the person issued the certificate at least ten calendar days to respond
and show cause why the certificate should not be canceled. Unless
otherwise proved by the person, the show cause notice shall be deemed
to have been received by the person no later than five calendar days
after mailing to the most recent address the person is required to
provide pursuant to §230.91 of this title (relating to Procedures
in General).
(c) The TEA staff shall notify the person and the person's
employing school district, if any, that the person was issued a certificate
in error, what actions the TEA staff have taken to cancel the erroneously
issued certificate, and how the person can be issued a valid certificate.
(d) The TEA staff will issue the person a valid certificate
when it receives satisfactory evidence that all certification requirements
have been fulfilled. The person will not be required to repeat any
coursework, training, internship, or other certification requirements
that an educator preparation program certifies that the person has
completed.
(e) The person whose erroneously issued certificate
has been canceled may request a contested case hearing before the
State Office of Administrative Hearings (SOAH). For the purposes of
notice, time limits, appeal requirements, and determining the placement
of the burden of proof at the SOAH contested case hearing, the person
whose certificate has been canceled shall be deemed to have had his
or her original application for the erroneously issued certificate
administratively denied pursuant to §249.12 of this title (relating
to Administrative Denial; Appeal) on the effective date of the cancellation.
|
| Source Note: The provisions of this §249.13 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; amended to be effective October 17, 2013, 38 TexReg 7113 |
