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

   1. (1) fails to follow the department's rules for screener certification;
   2. (2) fails to maintain instructor status by participating in the continuing education courses provided by the department;
   3. (3) makes unethical referrals, i.e., referrals that could indicate a conflict of interest on the part of the instructor; or
   4. (4) violates the Family Educational Rights and Privacy Act of 1974, 20 United States Code §1232g, et seq.

2. (b) The department may suspend or terminate a screener's approval 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 §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures).

Source Note:The provisions of this §37.146 adopted to be effective March 21, 1986, 11 TexReg 1145; amended to be effective August 1, 2002, 27 TexReg 3157; amended to be effective September 17, 2008, 33 TexReg 7747.