1. (a) To qualify for proficiency certificates, applicants must meet all the following proficiency requirements:

   1. (1) submit any required application currently prescribed by the commission, requested documentation, and any required fee;
   2. (2) have an active license or appointment for the corresponding certificate (not a requirement for Mental Health Officer Proficiency, Homeowners Insurance Inspector Proficiency, Firearms Instructor Proficiency, Firearms Proficiency for Community Supervision Officers, or Instructor Proficiency);
   3. (3) officers licensed after the effective date of this rule must not currently have license(s) under suspension by the Commission;
   4. (4) meet the continuing education requirements for the previous training cycle; and
   5. (5) for firearms related certificates, not be prohibited by state or federal law or rule from attending training related to firearms or from possessing a firearm.

2. (b) The commission may refuse an application if:

   1. (1) an applicant has not been reported to the commission as meeting all minimum standards, including any training or testing requirements;
   2. (2) an applicant has not affixed any required signature;
   3. (3) required forms are incomplete;
   4. (4) required documentation is incomplete, illegible, or is not attached; or
   5. (5) an application contains a false assertion by any person.

3. (c) The commission shall cancel and recall any certificate if the applicant was not qualified for its issue and it was issued:

   1. (1) by mistake of the commission or an agency; or
   2. (2) based on false or incorrect information provided by the agency or applicant.
4. (d) If an application is found to be false, any license or certificate issued to the appointee by the commission will be subject to cancellation and recall.
5. (e) Academic degree(s) must be issued by an accredited college or university.
6. (f) The effective date of this section is March 1, 2008.

Source Note:The provisions of this §221.1 adopted to be effective March 1, 2001, 26 TexReg 232; amended to be effective March 1, 2002, 26 TexReg 11041; amended to be effective March 1, 2008, 33 TexReg 284.