SECTION 146.8. Enforcement

(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.

Source Note: The provisions of this §146.8 adopted to be effective August 20, 2019, 44 TexReg 4317