(a) The commission may suspend or cancel a school's certificate, if the commission finds after notice and opportunity for a hearing that a school or a trainer employed by the school has violated a provision of this chapter.
(b) In deciding whether to suspend or cancel a school's certificate, the commission may consider:
  (1) the seriousness of the violation;
  (2) the school's history of violations;
  (3) the effect of the violation on a student or others;
  (4) the school's attempt to rectify the violation;
  (5) whether the school has implemented any changes to prevent similar violations; and
  (6) other factors pertinent to the situation.
(c) Before suspending or cancelling a school's certificate, the commission may allow a school an opportunity to correct an alleged violation. The commission may require the school to submit a corrective action plan analyzing how and why the alleged violation occurred, proposing actions designed to prevent similar violations, and describing how restitution will be provided to students or others affected by the violation. If the commission accepts the corrective action plan, the commission may require periodic reports on the plan's implementation and may monitor and/or audit the school to assess compliance with the plan.

Source Note: The provisions of this §50.12 adopted to be effective January 1, 2011, 35 TexReg 7054