1. (a) Approval of an instructor may be suspended or terminated if the instructor:

   1. (1) fails to follow the department's rules for training of screeners;
   2. (2) fails to notify the department of scheduled workshops at least 10 working days in advance of said workshops;
   3. (3) fails to maintain instructor status by participating in the continuing education courses provided by the Department;
   4. (4) makes unethical referrals, i.e., referrals that could indicate a conflict of interest on the part of the instructor; or
   5. (5) violates the Family Educational Rights and Privacy Act of 1974, 20 United States Code §1232g, et seq.

2. (b) Approval of a screener may be suspended or terminated if the screener:

   1. (1) fails to maintain screener certification;
   2. (2) fails to screen according to department rules;
   3. (3) fails to report screening results according to department rules;
   4. (4) makes unethical referrals, i.e., referrals that would indicate a conflict of interest on the part of the screener; or
   5. (5) violates the Family Educational Rights and Privacy Act of 1974, 20 United States Code §1232g, et seq.
3. (c) Before the department suspends or terminates an individual's participation in the program, the department will give the individual the opportunity for a hearing in accordance with §§1.21-1.32 of this title (relating to Formal Hearing Procedures).

Source Note:The provisions of this §37.146 adopted to be effective March 21, 1986, 11 TexReg 1145.