1. (a) The purpose of these guidelines is to:

   1. (1) provide a framework for analysis by staff members, administrative law judges, and the Board in making decisions regarding certification and disciplinary matters;
   2. (2) promote consistency in the exercise of sound discretion in certification and disciplinary matters; and
   3. (3) provide guidance in the resolution of potentially contested matters.

2. (b) The following factors may be considered in seeking, proposing, or making a decision under this chapter:

   1. (1) the seriousness of the violation, which may include:

      1. (A) whether the conduct was in violation of a law;
      2. (B) the nature and extent of the harm caused; and/or
      3. (C) the frequency of and time period covered by the violation(s);

   2. (2) the nature of the violation, which may include:

      1. (A) the relationship between the respondent and the person harmed;
      2. (B) the vulnerability of the person harmed;
      3. (C) the degree to which the actions showed lack of good judgment; and/or

      4. (D) the culpability of the respondent, such as whether the violation:

         1. (i) was intentional or premeditated;
         2. (ii) was due to blatant disregard or gross neglect;
         3. (iii) resulted from simple error or negligence; and/or
         4. (iv) evidences lack of integrity, trustworthiness, or honesty;

   3. (3) the degree of personal accountability taken by the respondent, which may include:

      1. (A) admission of wrongdoing and acceptance of responsibility;
      2. (B) showing appropriate remorse or concern;
      3. (C) making efforts to ameliorate the harm or make restitution;
      4. (D) cooperation with an investigation or request for information; and
      5. (E) attempts to deny or conceal the misconduct or falsify documents; and

   4. (4) any other relevant factors, which may include:

      1. (A) the respondent's record of training, length of service, position, job responsibilities, and performance history;
      2. (B) the presence or absence of prior or subsequent violations;
      3. (C) any other relevant circumstances, including aggravating or mitigating factors, such as environmental factors that may have contributed to the respondent's actions;
      4. (D) disciplinary action taken in similar incidents; and
      5. (E) disciplinary action taken by the employer and the employer's recommendation to TJJD regarding certification action.

Source Note:The provisions of this §349.304 adopted to be effective September 1, 2025, 50 TexReg 2616.