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RULE §33.4 Notice of Hearing Requirements

Published: 2015

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(a) The department may deny, suspend, or cancel its approval for a program sponsor to conduct a course or for an instructor to teach courses offered under this chapter if the applicant, instructor, or program sponsor:   (1) does not meet the requirements established under Texas Transportation Code, Chapter 663, to receive or retain approval;   (2) permits fraud or engages in any fraudulent practices with reference to an application to the department, induces or countenances fraud or fraudulent practices on the part of any application for a driver's license or permit, or permits or engages in any other fraudulent practice in any action between the applicant or licensee or the public;   (3) does not comply with the rules and regulations of the department; or   (4) is convicted under the laws of this state, another state, or the United States, of any felony or offense involving moral turpitude, tampering with a governmental record, driving while intoxicated or driving under the influence of drugs, or an offense committed as a result of the person's criminally negligent operation of a motor vehicle:     (A) these particular crimes relate to the conducting and teaching courses because the program sponsor and instructors are required to be of good reputation, character, moral conduct, and to deal honestly with members of the public. Program sponsors and instructors are required to keep records on behalf of the department and are required to recognize the importance of, encourage, and practice safe driving techniques;     (B) a conviction for an offense other than a felony will not be considered by the department, under this paragraph, if a period of more than five years has elapsed since the date of the conviction or of the release of the person from the confinement or supervision imposed for that conviction, whichever is the later date. For the purposes of this section, a person is convicted of an offense when an adjudication of guilt on an offense is entered against the person by a court of competent jurisdiction, whether or not the sentence is subsequently probated and the person is discharged from probation;     (C) in determining the present fitness of a person who has been convicted of a crime and in determining whether a criminal conviction directly relates to an occupation, the department shall consider those factors stated in Occupations Code, Chapter 53;   (5) does not enter into any license agreement required by these rules or any such agreement is revoked, transferred, assigned, or is subject to revocation because of the actions of the applicant or instructor. (b) When there is cause to deny, suspend, or cancel the approval of a program sponsor or instructor, the director shall, no less than 30 days before refusal, suspension, or revocation action is taken, notify the person in writing, in person, or by certified mail at the last address supplied to the department, of the impending refusal, suspension, or revocation, the reasons for taking this action, the effective date of the action, and of his/her right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the director. (c) The director, without a hearing, may suspend, revoke, or refuse to issue approval for a program sponsor to conduct a course or for an instructor to teach courses if, within 20 days after actual notice or the notice has been deposited in the United States mail, the person has not made a written request to the director for this administrative hearing. (d) On receipt by the director of a written request for an administrative hearing within the 20-day period, an opportunity for an administrative hearing shall be afforded as early as is practicable. (e) The administrative hearing shall be before the director or his designee. (f) On the basis of the evidence submitted at the hearing, the director, acting for himself or upon the recommendation of his designee, may refuse or revoke the approval. (g) A program sponsor or instructor may waive the right to an administrative hearing in writing by completing the Voluntary Waiver of Administrative Hearing form that accompanies the department's notice of intent to suspend, revoke, or refuse to approve a program sponsor or instructor. (h) The procedure of the administrative hearing shall comply with §§29.1 - 29.49 of this title (relating to Practice and Procedure), except where otherwise provided.

Source Note: The provisions of this §33.4 adopted to be effective October 5, 1990, 15 TexReg 5503; amended to be effective October 2, 1991, 16 TexReg 5217; amended to be effective May 10, 2000, 25 TexReg 4193; amended to be effective December 23, 2004, 29 TexReg 11747