1. (a) This section applies to the denial of an application for certification (including certification following revocation, cancellation, or surrender of a previously issued certificate), the denial of an application for renewal of certification, or the reinstatement of a suspended certificate. This section does not apply to the denial of an application for a certificate that has been permanently revoked, denied, or surrendered.

2. (b) The Texas Education Agency (TEA) staff may administratively deny any of the matters set out in subsection (a) of this section based on satisfactory evidence that:

   1. (1) the person has committed a crime, an offense, or conduct that would constitute a crime or offense relating directly to the duties and responsibilities of the education profession;
   2. (2) the person lacks good moral character;
   3. (3) the person filed a fraudulent application;
   4. (4) the person is unworthy to instruct or to supervise the youth of this state;
   5. (5) the person failed to comply with an order issued by the State Board for Educator Certification or the TEA staff; or
   6. (6) the person has committed a crime, an offense, or conduct that would constitute a crime or offense relating directly to the duties and responsibilities of the education profession while the person's certificate was suspended.
3. (c) The TEA staff shall mail to the person whose application or request has been administratively denied written notice of the denial and the factual and legal reasons for it. The person shall be given an opportunity to show compliance with legal requirements. A person may appeal an administrative denial.
4. (d) The appeal of an administrative denial shall be in the form of a petition that complies in content and form with §249.26 of this title (relating to Petition) and 1 Texas Administrative Code, Part 7, §155.29 (relating to Pleadings). No appeal of an administrative denial shall receive a contested case hearing on the merits unless the request for hearing is received by the TEA staff within 30 calendar days after the person received written notice of the TEA staff's action. The TEA staff may dismiss an appeal that is not timely filed without further action.
5. (e) The TEA staff shall send an answer to the petition to the person appealing an administrative denial and shall refer the petition and answer to the State Office of Administrative Hearings for a contested case hearing.

Source Note:The provisions of this §249.12 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112.