(a) All continuing professional education (CPE) providers must:
  (1) comply with applicable State Board for Educator Certification (SBEC) rules codified in Texas Administrative Code, Title 19, Part 7;
  (2) contribute to the advancement of professional knowledge and skills identified by the commissioner's rules for teacher and administrator standards in Chapter 149 of this title (relating to Commissioner's Rules Concerning Educator Standards), the Texas Essential Knowledge and Skills adopted by the State Board of Education, and standards adopted by the SBEC for each certificate;
  (3) ensure that all CPE offered:
    (A) is developed and presented by persons who are appropriately knowledgeable in the subject matter of the training being offered; and
    (B) specifies the content under §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours) and number of creditable CPE clock-hours.
(b) At the conclusion of each activity offered for CPE credit, the provider or sponsor must provide to each educator in attendance written documentation listing, at a minimum, the provider's name and provider number, the educator's name, the date and content of the activity, and the number of clock-hours that count toward satisfying CPE requirements.
(c) All providers are required to maintain a record of CPE activities that includes a list of attendees, the date and content of the activity, and the number of clock-hours that count toward satisfying CPE requirements. Providers shall retain a record of CPE activity for a period of seven years after the activity is completed.
(d) A provider or sponsor that is not granted approval or has its approval withdrawn by the TEA staff is not entitled to a contested-case hearing before the SBEC or a person designated by the SBEC to conduct contested-case hearings.
(e) The TEA staff shall investigate complaints against a provider or sponsor alleging noncompliance with this section. If the investigation determines that the provider or sponsor is operating in violation of any applicable provision under this chapter, the TEA staff may withdraw the approval granted under this section to the provider or sponsor until the provider or sponsor can demonstrate compliance.
(f) The TEA staff at any time may review the documentation required for provider registration under this chapter. If a review determines that the provider or sponsor is operating in violation of any applicable provision under this chapter, the TEA staff may withdraw the approval granted under this section to the provider or sponsor until the provider or sponsor can demonstrate compliance.
(g) Before withdrawing approval under subsection (e) or (f) of this section, TEA staff will notify the provider or sponsor in writing that an alleged violation has occurred, provide a summary of the allegation, and request that the provider or sponsor respond to the allegation.
  (1) A provider or sponsor shall:
    (A) cooperate fully with any TEA investigation or review; and
    (B) respond within 21 business days of receipt of requests for information regarding the allegation and other requests for information from the TEA, except where:
      (i) TEA staff imposes a different response date; or
      (ii) the provider or sponsor is unable to meet the initial response date and requests and receives a different response date from TEA staff.
  (2) TEA staff may request further information from the provider or sponsor.
  (3) If a provider or sponsor fails to comply with paragraph (1)(B) of this subsection, the TEA may deem admitted the violation of rules under this chapter.
  (4) Upon completion of an investigation or review, TEA staff will notify the provider or sponsor in writing of the findings.
    (A) If TEA staff finds that a violation occurred, the notice will specify each rule that was violated and that the approval granted under this section has been withdrawn until the provider or sponsor can demonstrate compliance.
    (B) If TEA staff finds that no violation has occurred, the notice will specify that no rule was violated.

Source Note: The provisions of this §232.21 adopted to be effective August 12, 2012, 37 TexReg 5764; amended to be effective August 28, 2016, 41 TexReg 6195; amended to be effective August 6, 2020, 45 TexReg 5345