The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--the Texas Education Code, as amended.

2. (2) Administrative denial--a decision or action by the agency to deny a person any of the following based on evidence of a lack of good moral character or improper conduct:

   1. (A) admission to an educator preparation program;
   2. (B) certification (including certification following revocation, cancellation, or surrender of a previously issued certificate) or renewal of certification;
   3. (C) reinstatement of a previously suspended certificate; or
   4. (D) removal or modification of a sanction other than revocation, cancellation, or surrender.
3. (3) ALJ--administrative law judge; a person appointed by the chief judge of the office under Chapter 2003 of the Government Code.
4. (4) Agency--the board acting through its executive director, staff, or agents, as distinguished from the board acting through its voting members in a decision making capacity. The term includes the executive director and his or her designee.
5. (5) Agency headquarters--the main offices of the board's executive director and staff located at 1001 Trinity, Austin, Texas, 78701-2603.
6. (6) Answer--the initial responsive pleading filed in reply to factual and legal issues raised by a petition.
7. (7) APA--the Administrative Procedure Act, Chapter 2001, Government Code.
8. (8) Applicant--a party seeking any of the following from the agency or the board: admission to an educator preparation program; issuance of a certificate (including issuance of a new certificate following revocation, cancellation, or surrender of a previously issued certificate); renewal of a certificate; reinstatement of a suspended certificate; or removal or modification of a sanction other than revocation, cancellation, or surrender. In a particular circumstance, an applicant may also be an educator or an examinee.
9. (9) Board--the State Board for Educator Certification acting through its voting members in a decision making capacity.
10. (10) Board headquarters--the main offices of the board's executive director and staff located at 1001 Trinity Street, Austin, Texas, 78701-2603.
11. (11) Board member(s)--one or more of the members of the board, appointed and qualified under the Act, §21.033.
12. (12) Cancellation or canceled--the withholding or voiding of test scores; the invalidation of a test registration; the invalidation of a surrendered certificate in lieu of revocation; the invalidation of an erroneously issued certificate.
13. (13) Certificate--the whole or part of any certificate, permit, approval, endorsement, or similar form of permission issued by the executive director or the board.
14. (14) Certificate holder or holder of a certificate--a person who holds a certificate issued under Subchapter B, Chapter 21, of the Act.
15. (15) Certificate requirement--any requirement, obligation, condition, or prerequisite prescribed by law, the board, or the executive director for the issuance of a certificate, including items such as required examinations, course transcripts, recommendations, information, or other documentation related to certification.
16. (16) Chair--the presiding officer of the board, elected pursuant to the §21.036 of the Act or other person designated by the chair to act in his or her absence or inability to serve.
17. (17) Chief judge--the chief administrative law judge of the office.
18. (18) Code of Ethics--the Code of Ethics and Standards of Practices for Texas Educators (19 Texas Administrative Code, Chapter 247 (relating to Educator's Code of Ethics)).
19. (19) Complaint--a written statement submitted to the agency that contains essential facts alleging improper conduct by an educator, applicant, or examinee, and provides grounds for sanctions.
20. (20) Contested case--a proceeding under this chapter in which the legal rights, duties, and privileges of a party are to be determined by the board after an opportunity for an adjudicative hearing.
21. (21) Conviction--an adjudication of guilt for a criminal offense. The term does not include the imposition of deferred adjudication for which the judge has not proceeded to an adjudication of guilt, except as provided by Article 42.12, Code of Criminal Procedure.
22. (22) Day--a calendar day, unless otherwise specified in this chapter.
23. (23) Disciplinary proceedings--contested case proceedings before the agency, the office, and the board that commence when a request for hearing is timely filed under this chapter.
24. (24) Educator--a person who is required to hold a certificate issued under Subchapter B, Chapter 21, of the Act.

25. (25) Effective date--

    1. (A) as applied to this chapter upon the board's adoption, 20 days after the date on which it is filed in the office of the secretary of state, pursuant to the APA;
    2. (B) as applied to a non-rulemaking decision or action by the board or staff, the date the decision or action becomes final under the appropriate legal authority.
26. (26) Examinee--a person who registers to take or who takes a basic skills examination prescribed by the board for admission to an educator preparation program or a comprehensive examination prescribed by the board for a certificate.
27. (27) Executive director--the executive director employed by the board pursuant to §21.039 of the Act and other agency employees acting on behalf of the executive director.
28. (28) Filing--any written petition, answer, motion, response, other written instrument, or item appropriately filed with the agency, the board, or the office under this chapter.
29. (29) Good moral character--the virtues of a person as evidenced, at a minimum, by his or her not having committed crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Articles 6252-13c and 6252-13d, Revised Civil Statutes) or acts involving moral turpitude.
30. (30) Hearings coordinator--the staff person designated by the executive director to receive petitions and serve as the primary agency contact with the office.
31. (31) Informal conference--an informal meeting between agency staff and an educator, applicant, or examinee; the purpose of such a meeting being to give the person an opportunity to show compliance with all requirements of law for the granting or retention of a certificate or test score.
32. (32) Invalidated or invalidation--rendered void; lacking legal or administrative efficacy.
33. (33) Law--the United States and Texas Constitutions, state and federal statutes, regulations, rules, relevant case law, and decisions and orders of the board and the commissioner of education.
34. (34) Mail or mailed --certified United States mail, return receipt requested, unless otherwise provided by this chapter.
35. (35) Majority of the voting members present--a majority of the voting members of the board who are present and voting on the issue at the time the vote is recorded.
36. (36) Moral turpitude--improper conduct including, but not limited to, the following: dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in §249.16(b) of this title; or acts constituting abuse under §26l.00l of the Texas Family Code.
37. (37) Office--the State Office of Administrative Hearings.
38. (38) Party--each person named or admitted to participate in a contested case under this chapter.
39. (39) Person--any individual, representative, corporation, or other entity, including the following: an educator, applicant, or examinee; the agency, board, or office; any other agency or instrumentality of federal, state, or local government; or any public or non-profit corporation.
40. (40) Petition--the written pleading filed by the petitioner in a contested case under this chapter.

41. (41) Petitioner--the party having the burden of proof by a preponderance of the evidence in any contested case hearing or proceeding under this chapter. The term includes the following persons:

    1. (A) the agency;
    2. (B) a person appealing the administrative cancellation of scores based on irregularities involving an agency administered test;

    3. (C) a person appealing the administrative denial of any of the following:

       1. (i) admission to an educator preparation program;
       2. (ii) certification (including certification following revocation, cancellation, or surrender of a previously issued certificate) or renewal of certification;
       3. (iii) reinstatement of a suspended certificate; or
       4. (iv) removal or modification of a sanction other than revocation, cancellation, or surrender.
42. (42) Presiding officer--the chair or acting chair of the board.
43. (43) Proposal for decision--a recommended decision issued by an administrative law judge in accordance with the APA, §2001.062.
44. (44) Quorum--a majority of the 12 voting members appointed to and serving on the board pursuant to §21.033 of the Act; seven voting board members.
45. (45) Reinstatement--the reactivation to valid status of a certificate suspended by the board; the lifting or discharging of a suspension on a certificate.
46. (46) Representative--a person representing an educator, applicant, or examinee in matters arising under this chapter; in a contested case proceeding before the office, an attorney licensed to practice law in the State of Texas.

47. (47) Reprimand--the board's formal censuring of a certificate:

    1. (A) an "inscribed reprimand" is a formal, published censure appearing on the face of the educator's official certification records;
    2. (B) a "non-inscribed reprimand" is a formal, unpublished censure that does not appear on the face of the educator's official certification record.
48. (48) Revocation--a sanction imposed by the board permanently invalidating an educator's certificate.
49. (49) Respondent--the party who contests factual or legal issues or both raised in a petition; the party filing an answer in response to a petition.

50. (50) Sanction--

    1. (A) a disciplinary action by the board, including a restriction, reprimand, suspension, surrender, cancellation, or revocation of a certificate;
    2. (B) a reasonable and lawful punitive measure imposed by the ALJ or presiding officer against a party, representative, or other participant involved in a disciplinary proceeding, hearing, or other matter under this chapter.
51. (51) Staff--employees of the board as a state agency and hired by the executive director.
52. (52) Surrender--an educator's voluntary, permanent relinquishment and invalidation of a particular certificate in lieu of disciplinary proceedings under this chapter and possible revocation of the certificate.
53. (53) Suspension or suspend(ed)--a sanction imposed by the board temporarily invalidating a particular certificate until reinstated by the board.
54. (54) Test administration rules and procedures--rules and procedures governing professional examinations administered by the board through the staff and a test contractor, including policies, regulations, and procedures set out in a test registration bulletin.
55. (55) Unworthy to instruct or to supervise the youth of this state--the determination that a person is unfit to hold a certificate under Subchapter B, Chapter 21, of the Act or to be allowed on a school campus under the auspices of an educator preparation program.

Source Note:The provisions of this §249.3 adopted to be effective March 31, 1999, 24 TexReg 2304.