Rule 3.6 - Denial of Application; Reconsideration(a) Application Review. The Director must review each application and determine whether the applicant meets the Commission's qualifications for the particular certification, registration, or license. The Director must also determine whether the applicant meets the Commission's criminal history eligibility requirements. If a person who has applied to be a certified guardian does not clearly meet the experience or education requirements in these rules, the Director must consult with members of the Guardianship Certification Advisory Board before approving or denying the application.(b) Denial of Application. The Director may deny an application only if the applicant fails to meet the qualifications set forth in these rules or the Commission's criminal history eligibility requirements. The Director must furnish to the applicant a written statement that succinctly states the reason for denying the application.(c) Request for Reconsideration. Within 20 days of the date of the notice that the Director has denied an application, the applicant may request that the Commission reconsider the denial. The request must be in writing, identify each point or matter about which reconsideration is requested, and set forth the grounds for the request for reconsideration.(d) Reconsideration Procedure. The Commission must reconsider the request at its next meeting and may allow the applicant or other witnesses to appear at the meeting and present sworn testimony. The Commission may limit the number of witnesses appearing and the time allotted for a witness's testimony.(e) Commission Action on Request. After reconsidering a decision of the Director, the Commission may: (1) affirm the Director's decision; or(2) reverse the Director's decision.(f) Final Decision. The Commission must notify the applicant in writing of its decision on reconsideration. The Commission's decision is final and may not be appealed.Tex. R. Judi. Cert. Commi. 3.6
Amended effective 4/12/2018 immediately.