SECTION 90.94. Additional Conduct Subject to Disciplinary Actions

(a) The department may deny, refuse to renew, or revoke the application or the license of a program provider or an instructor if the applicant for program provider or instructor license, or the program provider or instructor, or a staff member:

(1) fails or has failed to comply with applicable requirements under this chapter or any other applicable statute or department rule, or an order of the commission or executive director;

(2) falsifies, submits or maintains, or has falsified, submitted, or maintained any substantially false, inaccurate, or incomplete documentation required under this chapter or related to the applicable court-ordered program. This includes submission of any false or misleading statements in an application or other statement or correspondence to the department;

(3) engages or has engaged in conduct or promotes, permits, or has promoted or permitted one or more participants to engage in conduct inconsistent with behaviors and principles taught or advocated under the curriculum prescribed under §90.40;

(4) attends or has attended any instructor training, instructs or is present at any class in a court-ordered program, or performs duties related to a court-ordered program while under the influence or impaired by alcohol or controlled substances, or provides one or more course participants with, or permits or encourages one or more course participants to use, any alcohol or controlled substance;

(5) permits or engages in misrepresentation, fraud, or deceit regarding a court-ordered program provided or instructed by a program provider or instructor;

(6) engages or has engaged in conduct toward another that is violent or that constitutes abuse, neglect, or exploitation under applicable law; or

(7) engages or has engaged in conduct with respect to a participant that is inequitable, discriminatory, degrading, disrespectful, retaliatory, of a romantic or sexual nature, or which otherwise is or may be harmful to the health, safety, or welfare of a participant, to participants generally, or to the public.

(b) If a person's initial application for provider or instructor license has been denied, or upon renewal, the license has been refused or the license revoked, a provider or instructor, upon reapplication for the license, must demonstrate that the reason(s) for the previous revocation, denial or refusal have been remedied.

Source Note: The provisions of this §90.94 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101