TEMPORARY INCLUSION IN REGISTRY BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE

(a) The commissioner shall temporarily include a person in the registry if the commissioner, based on evidence or information presented to the commissioner regarding a complaint alleging misconduct by the person, determines that the person's continued employment at or provision of services to an educational entity constitutes a continuing and imminent threat to the public welfare. (b) A person may be temporarily included in the registry without notice or hearing on the complaint alleging the person's misconduct if: (1) proceedings for a hearing before the State Office of Administrative Hearings are initiated simultaneously with the temporary inclusion; and (2) a hearing is held as soon as possible under this chapter and Chapter 2001, Government Code. (c) The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 17th day after the date of the temporary inclusion to determine whether probable cause exists that the person's employment at or provision of services to an educational entity constitutes a continuing and imminent threat to the public welfare. The probable cause hearing shall be conducted as a de novo hearing. (d) The State Office of Administrative Hearings shall hold a final hearing on the matter not later than the 61st day after the date of the temporary inclusion. (e) The commissioner by rule shall adopt procedures for the temporary inclusion of a person in the registry under this section.