Section 146.8 - Enforcement(a) The department may disapprove, suspend, or revoke a certification if the applicant or certification holder: (1) has a criminal conviction that relates to the duties and responsibilities of a training program, instructor, or promotor(a) or community health worker, based on: (A) the nature and seriousness of the crime; (B) the length of time since the crime occurred;(C) how the certification may have facilitated the crime; and(D) the extent to which certification could create an opportunity to engage in further criminal activity of a similar nature;(2) falsely represents oneself as a certified training program, instructor, or promotor(a) or community health worker without a certification issued under this chapter; (3) obtains or attempts to obtain a certification under this chapter using false information or through bribery; (4) violates § 146.7 of this chapter (relating to Professional and Ethical Standards); or(5) has a certification in another jurisdiction denied, revoked, suspended, or otherwise subjected to adverse action.(b) In determining enforcement under this section, the department considers: (1) the pattern of behavior and severity of the violation;(2) the length of time since the violation occurred;(3) any potential harm to the public; and (4) any previous violation by the applicant or certification holder.(c) If the department disapproves, suspends, or revokes a certification under this section, the department gives the person written notice of the reason or reasons for the decision and the opportunity to request a fair hearing conducted under Chapter 1, Subchapter C of this title (relating to Fair Hearing Procedures).(d) A person whose certificate is disapproved or revoked under this section is ineligible for a certificate under this chapter for two years from the date of the disapproval or revocation. Upon disapproval, suspension, or revocation, the certificate holder shall return a certificate or an identification card to the department.25 Tex. Admin. Code § 146.8
The provisions of this §146.8 adopted to be effective July 20, 2000, 25 TexReg 6708; amended to be effective December 1, 2003, 28 TexReg 10226; amended to be effective January 17, 2006, 31 TexReg 289; amended to be effective October 24, 2010, 35 TexReg 9287; Adopted by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3830, eff. 6/24/2015; Adopted by Texas Register, Volume 44, Number 33, August 16, 2019, TexReg 4318, eff. 8/20/2019