1. (a) In conjunction with the rules of practice and procedure of the office (1 Texas Administrative Code Chapter 155 (relating to Rules of Procedure)) and other applicable law, this chapter shall govern disciplinary matters before the board, including the following proceedings:

   1. (1) sanctions sought against a certificate holder;
   2. (2) enforcement of the code of ethics;
   3. (3) appeals of administrative denials;
   4. (4) appeals of the administrative cancellation or withholding of test scores for alleged violation of test administration rules;
   5. (5) reinstatement of a suspended certificate;
   6. (6) removal or modification of a sanction other than revocation, cancellation, or surrender;
   7. (7) complaints of contract abandonment filed with the agency pursuant to §§21.105(c), 21.160(c), or 21.210(c), of the Act; and
   8. (8) sanctions sought against a certificate for the holder's knowing failure to report criminal history or other information required to be reported under Subchapter C, Chapter 22, of the Act; Subchapter B, Chapter 261, of the Texas Family Code; or this chapter.
2. (b) The office shall conduct all contested case hearings held under this chapter.
3. (c) This chapter shall apply to any matter referred to the office on or after the effective date of this chapter.
4. (d) This chapter does not apply to matters related to the proposal or adoption of board rules under the APA or to internal personnel policies or practices of the executive director or the board. The provisions of this chapter may not be used to seek sanctions against a member of the board or the agency's staff acting in that capacity.

Source Note:The provisions of this §249.4 adopted to be effective March 31, 1999, 24 TexReg 2304.