(K)demonstrating a lack of supervision of course coordinators or personnel instructing in the program's courses; (L)compromising an examination or examination process administered or approved by the department; (M)accepting any benefit to which there is no entitlement or benefitting in any manner through fraud, deception, misrepresentation, theft, misappropriation, or coercion; (N)failing to maintain appropriate policies, procedures, and safeguards to ensure the safety of students, instructors, or other course participants; (O)allowing recurrent use of inadequate, inoperable, or malfunctioning equipment; (P)maintaining a passing rate on the examinations for certification or licensure that is statistically and significantly lower than the state average; (Q)failing to maintain the fiscal integrity of the program; (R)issuing a check to the department which is returned unpaid; (S)failing to maintain records for initial or continuing education courses; (T)demonstrating unwillingness or inability to comply with the Health and Safety Code and/or 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; (V)committing a violation within 24 months of being placed on probation; (W)offering or attempting to offer courses during a period when the program's approval is suspended; and/or (X)a paramedic program receiving revocation of their accreditation by CAAHEP/CoAEMSP. (3)Notification. If the department proposes to suspend or revoke a program's approval, the program shall be notified at the address shown in the current records of the department. The notice shall state the alleged facts or conduct warranting the action and state that the program has an opportunity to request a hearing in accordance with Administrative Procedure Act, Government Code, Chapter 2001. (A)The program may request a hearing within 15 days after the date of the notice. This request shall be in writing and submitted to the chief. (B)If the program does not request a hearing within 15 days after the date of the notice of opportunity, the program waives the opportunity for a hearing and the department shall implement its proposal. (4)Probation. The department may probate any penalty assessed under this section and may specify terms and conditions of any probation issued. (5)Re-application. (A)Two years after the revocation or denial of approval, the program may petition the department in writing for the opportunity to reapply. (B)The department shall evaluate the petition and may allow or deny the opportunity to submit an application. (C)In evaluating a petition for permission to reapply, the department shall consider, but is not limited to, the following issues: (i)likelihood of a repeat of the violation that led to revocation; (ii)the petitioner's overall record as a program; (iii)letters of support or recommendation; (iv)letters of protest or non-support of the petition; and (v)the need for training in the area the program would serve. (D)The petitioner shall be notified within 60 days at the address shown in the current records of the department of the decision to allow or deny the submission of an application for re-approval. (6)A program whose approval expires during a suspension or revocation period may not petition to reapply until the end of the suspension or revocation period. (u)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.gov.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on July 27, 2012
TRD-201203902 Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: August 16, 2012
Proposal publication date: May 4, 2012
For further information, please call: (512) 776-6972
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