(m) Disciplinary actions.
(1) Administrative penalty. The department may impose an administrative penalty on a course coordinator not to exceed $7,500 per day per violation of the Health and Safety Code or the rules adopted thereunder.
(2) Emergency suspension. The department may issue an emergency order to suspend a course coordinator's certification if the department has reasonable cause to believe the conduct of the certified course coordinator creates an imminent danger to the public health and safety.
(A) An emergency suspension shall be effective immediately without a hearing or notice to the certificate holder. Notice shall be established on the date that a copy of the signed emergency suspension order is sent to the address shown in the current records of the department. Notice shall also be given to any sponsoring entity.
(B) If a written request for a hearing is received from the certificate holder within 15 days of the suspension, the department shall conduct a hearing not later than the 30th day after the date on which a hearing request is received to determine if the emergency suspension is to be continued, modified, or rescinded. The hearing and appeal from any disciplinary action related to the hearing shall be governed by the Administrative Procedure Act, Government Code, Chapter 2001.
(3) Reprimand, suspension, or revocation. A course coordinator may be reprimanded or the course coordinator's certification may be suspended or revoked for, but not limited to the following:
(A) failing to maintain active status EMS personnel certification at the appropriate level;
(B) failing to comply with the responsibilities of a course coordinator as defined in subsection (h) of this section;
(C) falsifying an application for EMS certification or licensure;
(D) falsifying a program approval application, a self-study, a course approval application, or any supporting documentation;
(E) falsifying a course completion certificate or any other document that records or verifies course activity and/or is a part of the course record;
(F) assisting another to obtain or to attempt to obtain personnel certification or recertification by fraud, forgery, deception, or misrepresentation;
(G) failing to complete and submit the course applications and student documents within established time frames;
(H) coordinating or attempting to coordinate a course above the coordinator's level of certification;
(I) compromising or failing to maintain the order, discipline and fairness of a department-approved course or program;
(J) allowing inadequate class presentations in a course for which the coordinator is responsible;
(K) demonstrating a lack of supervision of personnel instructing in courses for which the coordinator is responsible;
(L) compromising an examination or examination process administered or approved by the department;
(M) cheating or assisting another in cheating on an EMS examination, other evaluation or any other activity offered or conducted by the department, a training program approved by the department, or a provider licensed by the department;
(N) accepting any benefit to which there is no entitlement or benefits in any manner through fraud, deception, falsification, misrepresentation, theft, misappropriation, or coercion;
(O) failing to maintain appropriate policies, procedures and safeguards to ensure the safety of students, instructors or other class participants;
(P) allowing recurrent use of inadequate, inoperable, or malfunctioning equipment;
(Q) failing to maintain the fiscal integrity of a course for which the coordinator is responsible;
(R) issuing a check to the department which is returned unpaid;
(S) failing to maintain education course records;
(T) demonstrating unwillingness or inability to comply with the Health and Safety Code and/or the rules adopted thereunder;
(U) failing to give the department true and complete information when asked regarding any alleged or actual violation of the Health and Safety Code, or the rules adopted thereunder, or failing to report a violation;
(V) functioning or attempting to function as a course coordinator during a period of suspension which may be cause for suspension of the coordinator certification;
(W) committing any violation during a probationary period;
(X) failing to report a violation of the Health and Safety Code, Chapter 773, or the rules adopted thereunder;
(Y) failing to notify the department when any current EMS student or student applicant, or certified or licensed program employee is arrested for, or received a conviction, deferred adjudication or deferred prosecution for, any crime, upon the coordinator's discovery of such;
(Z) failing to notify the department of a conviction, deferred adjudication, or deferred prosecution for a crime which directly relates to the person's ability to carry out the duties and responsibilities of an EMS personnel or EMS course coordinator, per the guidelines and criteria outlined in §
157.37 of this title; and
(AA) demonstrating unprofessional conduct such as, but not limited to the following:
(ii) discrimination; shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.
(iii) verbal or physical abuse; or
(iv) inappropriate physical or sexual contact.
(4) Notification. If the department proposes to suspend or revoke a course coordinator's certificate, the course coordinator shall be notified at the address shown in the current records of the department. The notice must state the alleged facts or conduct warranting the action and state that the course coordinator has an opportunity to request a hearing in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.
(A) The course coordinator may request a hearing after the date of the notice. This request shall be in writing and submitted to the department.
(B) If the course coordinator does not request a hearing within 30 days after the date of the notice of opportunity, the course coordinator waives the opportunity for a hearing and the department shall implement its proposal.
(5) Probation. The department may probate any penalty assessed under this section and may specify terms and conditions of any probation issued.
(6) Reapplication.
(A) Two years after the revocation of a certificate, an individual may petition the department, in writing, for the opportunity to reapply for certification.
(B) The department shall evaluate the petition and may allow or deny the opportunity to reapply for certification.
(C) in evaluating a petition for permission to reapply for certification the department shall consider but is not limited to the following issues:
(i) the likelihood of a repeat of the actions or inactions that led to revocation;
(ii) the petitioners overall record as a course coordinator;
(iii) letters of support or recommendation;
(iv) letters of protest or nonsupport of the petition; and
(v) the need for the services of a course coordinator in the given area the course coordinator would serve.
(D) The petitioner shall be notified of the department's decision to allow or deny the submission of reapplication for certification within 60 days of the submission of the request.
(E) A course coordinator whose certificate expires during a suspension or revocation period may not petition to reapply for certification until the end of the suspension or revocation period.