CERTIFICATION OR PROVISIONAL CERTIFICATION INELIGIBILITY

(a) In this section, "certification" includes a provisional certification. (a-1) This section applies to an individual who does not hold a certification under this chapter and who is or was employed by, under contract with, or volunteering for: (1) the department; (2) a juvenile probation department; or (3) a juvenile facility registered with the department. (b) Subject to Subsection (d), the department may designate as permanently ineligible for certification under this chapter an individual to whom this section applies if: (1) while employed by, under contract with, or volunteering for an entity described by Subsection (a-1), the individual engaged in conduct that: (A) violates this chapter or a department rule; or (B) demonstrates the individual is not suitable for certification under this chapter; or (2) a panel under Subsection (c) determines the individual's certification would threaten juveniles in the juvenile justice system. (c) The executive director may convene, in person or telephonically, a panel of three board members to determine if the continued eligibility of an individual to whom this section applies to obtain a certification under this chapter threatens juveniles in the juvenile justice system. If the panel determines an individual's eligibility for certification threatens juveniles in the juvenile justice system, the department shall temporarily designate the individual as ineligible for certification until an administrative hearing is held under Subsection (d). The hearing must be held as soon as possible following the temporary designation. The executive director may convene a panel under this subsection only if the danger posed by the person's continued eligibility for certification is imminent. The panel may hold a telephonic meeting only if immediate action is required and convening the panel at one location is inconvenient for any member of the panel. (d) A person is entitled to a hearing before the State Office of Administrative Hearings if the department proposes to designate a person as permanently ineligible for certification as provided by Subsection (b). (e) A person may appeal a ruling or order issued under this section to a district court in the county in which the person resides or in Travis County. The standard of review is under the substantial evidence rule.