1. (a) This section shall apply to all proceedings concerning the sanction of any certificate or permit issued by the commissioner of education other than proceedings brought to the commissioner by the Teachers' Professional Practices Commission of Texas (TPPC). To the extent that this section conflicts with any other section governing proceedings before the commissioner, the provisions of this section shall prevail.

2. (b) A complaint may be filed at any time by a school district or the Texas Education Agency division responsible for educational personnel records as petitioner requesting the commissioner to sanction a certificate or permit issued by the agency. Any complaint must clearly set forth facts that would justify taking such action and set forth with specificity the sanction sought to be imposed. This complaint shall constitute, and its contents shall be subject to, the rules governing petitions for review. Sanctions include:

   1. (1) that the respondent be issued a warning to be made a part of the respondent's file kept by the educational personnel records division;
   2. (2) that the respondent be issued a reprimand to be made a part of the respondent's file kept by the educational personnel records division;
   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 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 DEPR;
   4. (4) that the respondent's certificate be suspended for a period not to exceed one year; or
   5. (5) that the respondent's certificate be revoked.
3. (c) The respondent shall file an answer that complies with §157.1052 of this title (relating to Answers). All well-pled factual allegations will be deemed admitted unless the respondent's answer, containing specific denials to each allegation, is filed within the time period prescribed in §157.1052(a) of this title. A general denial shall not be sufficient to controvert factual allegations contained in the petition for review.
4. (d) After receipt of the respondent's answer, the commissioner shall schedule a hearing at which all parties shall have the opportunity to present evidence and argument concerning the merits of the complaint.
5. (e) The burden of proof at any such hearing will be on the petitioner or petitioner/intervenor to prove its allegations by a preponderance of the evidence.

Source Note:The provisions of this §157.1073 adopted to be effective April 7, 1993, 18 TexReg 1928.