1. (a) This section applies to the following matters:

   1. (1) admission to an educator preparation program;
   2. (2) certification (including certification following revocation, cancellation, or surrender of a previously issued certificate) or renewal of certification;
   3. (3) reinstatement of a suspended certificate; or
   4. (4) removal or modification of a restriction placed on a certificate.

2. (b) The agency may administratively deny any of the matters set out in subsection (a) of this section, and the board may make the final decision in the matter based upon satisfactory evidence that:

   1. (1) the person has committed a crime or an offense relating directly to the duties and responsibilities of the education profession;
   2. (2) the person lacks good moral character; or
   3. (3) the person is unworthy to instruct or to supervise the youth of this state.
3. (c) The agency 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 for the relief sought. A person may appeal an administrative denial.
4. (d) The appeal of an administrative denial shall be in the form of a request for hearing before the office and shall be filed with the agency. No appeal of an administrative denial shall receive a contested case hearing on the merits unless the request for hearing is received by the agency within 30 calendar days after the person received written notice of the agency's action. If supported by an ALJ's proposal for decision, the executive director may dismiss an appeal not timely filed.
5. (e) The agency shall mail to the person appealing an administrative denial written notice of the referral of the matter to the office for further proceedings. Not later than 30 calendar days after receiving such written notice of the referral, the person appealing an administrative denial shall file a petition with the office that complies in content and form with the requirements of this chapter and 1 Texas Administrative Code, Chapter 155 (relating to Rules of Procedure). At the time of filing with the office, a copy of the petition shall be served on the agency as respondent through the executive director by United States certified mail, return receipt requested. If supported by an ALJ's proposal for decision, the board may dismiss a petition not timely filed or in compliance with the applicable requirements under this chapter or 1 Texas Administrative Code, Chapter 155.

Source Note:The provisions of this §249.12 adopted to be effective March 31, 1999, 24 TexReg 2304.