1. (a) Purpose. The purpose of this section is to set out the application procedure for certification of instructors.

2. (b) Instructor certificate.

   1. (1) Unless otherwise indicated, an applicant must complete all required information and documentation of credentials on official department forms and submit the required information and documentation electronically or in hard copy to the department.
   2. (2) The department shall send a notice listing the additional materials required to an applicant whose application is incomplete. An application not completed within 30 days after the date of notice shall be invalid unless the applicant has advised the department of a valid reason for the delay.

3. (c) Required application materials. The application form shall contain the following items:

   1. (1) specific personal data, social security number or status (optional), birth date, current and previous places of employment, other state licenses and certificates held, and educational and training background;
   2. (2) a statement that the applicant understands the Health and Safety Code, Chapter 46 and this chapter and agrees to abide by them;
   3. (3) the applicant's permission to the department to seek any information or references which are material in determining the applicant's qualifications;
   4. (4) a statement that the applicant, if issued a certificate, shall return the certificate and identification card(s) to the department upon the expiration, revocation, or suspension of the certificate;
   5. (5) a statement that the applicant understands that the materials submitted become the property of the department and are nonreturnable (unless prior arrangements have been made);
   6. (6) a statement that the information in the application is truthful and that the applicant understands that providing false or misleading information which is material in determining the applicant's qualifications may result in the voiding of the application and failure to be granted any certificate or the revocation of any certificate issued;
   7. (7) a statement that the applicant shall advise the department of his or her current mailing address within 30 days of any changes of address;
   8. (8) the dated signature of the applicant certifying the truth of the information submitted; and
   9. (9) the signature of the executive officer of a sponsoring institution or training program which attests to the competence of the instructor.

4. (d) Application approval.

   1. (1) The committee shall be responsible for reviewing all applications and recommending those to be certified by the administrator.
   2. (2) The administrator shall approve any application which is in compliance with this chapter and which properly documents applicant eligibility, unless the application is disapproved under the provisions of subsection (e) of this section.

5. (e) Disapproved applications.

   1. (1) The department may disapprove the application if the applicant:

      1. (A) has not met the eligibility and application requirements set out in this chapter;
      2. (B) does not have the appropriate training or experience to qualify as an instructor;
      3. (C) has failed or refused to properly complete or submit any application form(s) or has knowingly presented false or misleading information on the application form, or any other form or documentation required by the department to verify the applicant's qualifications for certification;
      4. (D) has engaged in unprofessional conduct; or

      5. (E) has developed an incapacity, and in accordance with the Americans with Disabilities Act, that prevents the instructor from practicing with reasonable skill, competence, and safety to the public as the result of:

         1. (i) illness;
         2. (ii) drug or alcohol dependency; or
         3. (iii) another physical or mental condition or illness;
   2. (2) If the administrator determines that the application should not be approved, the administrator shall give the applicant written notice of the reason for the disapproval and of the opportunity for re-application;
   3. (3) The applicant whose application has been disapproved under paragraph (1) of this subsection shall be permitted to reapply after a period of not less than six months from the date of the disapproval and shall submit a current application satisfactory to the department, of compliance with the then current requirements of this chapter and the provisions of the Health and Safety Code, Chapter 46.

6. (f) Application processing. A written notice stating that the application has been approved may be sent in lieu of the notice of acceptance of a complete application. The following periods of time shall apply from the date of receipt of an application until the date of issuance of a written notice that the application is complete and accepted for filing or that the application is deficient and additional specific information is required.

   1. (1) Letter of acceptance of application for certification -30 days.
   2. (2) Letter of application deficiency - 30 days.

Source Note:The provisions of this §146.5 adopted to be effective July 20, 2000, 25 TexReg 6708.