1. (a) This section shall apply to hearings concerning complaints made to the Teachers' Professional Practices Commission of Texas (TPPC). To the extent that this section of the rules adopted by TPPC conflict with any other sections governing proceedings before the commissioner of education, the requirements of this section shall prevail.
2. (b) When a complaint is received by TPPC, the director of TPPC will consult with the attorney assigned to TPPC to discuss the jurisdictional determination. If the attorney believes that the facts alleged, even if true, would not constitute a violation of the code of ethics, the attorney shall advise the director of that opinion in writing. In addition, the commissioner or his or her hearing examiner may, at any time, advise the TPPC of their opinions concerning the issue of jurisdiction.
3. (c) Upon being notified by TPPC that it has accepted jurisdiction of a complaint, the commissioner shall appoint a hearing examiner to preside over the proceeding and an attorney to advise TPPC at the hearing.

4. (d) The rules of evidence shall be liberally construed at any hearing conducted under this section, and all evidence shall be admitted, unless:

   1. (1) it is clearly irrelevant, immaterial, or unduly repetitious;
   2. (2) its evidentiary value is clearly outweighed by its tendency to prejudice the fact finder against a particular party or witness; or
   3. (3) it is otherwise clearly inadmissible for any purpose.
5. (e) Parties who are not represented by counsel shall not be placed at a disadvantage by the fact that they are unfamiliar with courtroom procedure. Whenever such a party is prevented from presenting relevant evidence by objections unrelated to the admissibility of that evidence, the attorney assigned by the commissioner to assist TPPC may explain to that party the proper method of presenting the evidence.
6. (f) After the parties have concluded their examination of any witness, TPPC and the hearing examiner may ask any questions that are necessary and proper to enable them to understand fully the witness's testimony.
7. (g) After both parties have presented their evidence and argument, the hearing examiner may discuss any aspect of the case freely with the TPPC during its deliberations.

8. (h) The commissioner may receive a recommendation from the TPPC that any of the following actions be taken regarding the complaint in part or in its entirety:

   1. (1) that the complaint be dismissed;
   2. (2) that the respondent be issued a warning to be made a part of the respondent's file kept by the Texas Education Agency division responsible for educational personnel records;
   3. (3) that the respondent be issued a reprimand to be made a part of the respondent's file kept by the educational personnel records division;
   4. (4) that the respondent be issued a reprimand to be made a part of the respondent's file kept by the educational personnel records division and inscribed on the respondent's Texas teacher certificate, with notification of the reprimand to be provided to all superintendents of all school districts in the State of Texas and to certification officers in each state or territory of the United States by the educational personnel records division;
   5. (5) that the respondent's certificate be suspended for a period not to exceed one year; or
   6. (6) that the respondent's certificate be revoked.

9. (i) After receiving the TPPC's recommendation, the commissioner shall give the parties the opportunity to respond to the recommendation in the manner set forth in §157.1058 of this title (relating to Filing of Exceptions and Replies to a Proposal for Decision).

   1. (1) No additional evidence may be presented following the TPPC's recommendation without good cause, other than lack of diligence, as determined by the commissioner.
   2. (2) If the commissioner determines that it is necessary to take additional evidence, the TPPC and the parties shall be notified of the hearing date. Those members of the TPPC who participated in the initial hearing may participate to the same extent in the hearing to receive additional evidence, and after hearing the additional evidence, shall be given an opportunity to file an amended recommendation to the commissioner.
10. (j) If the TPPC recommends that the complaint be dismissed or that the respondent be issued a warning or reprimand to be kept on file by the DEPR, the commissioner may adopt that recommendation with no further proceedings if it is supported by substantial evidence in the hearing transcript. Prior to taking any action other than that recommended by the TPPC, the commissioner shall instruct the hearing examiner to prepare a proposal for decision pursuant to subsection (k) of this section.
11. (k) If the TPPC recommends that the respondent's certificate be suspended or revoked, or that the respondent be publicly reprimanded, the hearing examiner shall enter a proposal for decision. The hearing examiner may adopt the TPPC's recommendation in whole or in part in the proposal. The parties shall be given an opportunity to respond to the proposal pursuant to §157.1058 of this title (relating to Exceptions and Replies to Proposal for Decision). After receiving the TPPC's recommendation, the hearing examiner's proposal for decision, and the parties' exceptions and replies, the commissioner shall take whatever action he or she deems appropriate.
12. (l) In any case in which the hearing examiner's recommendation is different than that of the TPPC, the commissioner shall schedule a conference concerning the matter with the hearing examiner and a representative of the TPPC prior to issuing a decision. The TPPC shall be given 10 days' notice of the conference.

Source Note:The provisions of this §157.1072 adopted to be effective April 7, 1993, 18 TexReg 1928.