(a) The commissioner of education may revoke authorization of a High School Equivalency Program (HSEP) based on the following factors:      
        (1) noncompliance with application assurances and/or the provisions of this subchapter;       
        (2) lack of program success as evidenced by progress reports, program data including factors specified in the Texas Education Code (TEC), §29.087(l), and/or on-site monitoring visits; or       
        (3) failure to provide accurate, timely, and complete information as required by the Texas Education Agency and specified in the TEC, §29.087, to evaluate the effectiveness of the HSEP.       
      (b) A revocation of an approved HSEP takes effect for the semester immediately following the date on which the revocation is issued.     
      (c) An HSEP is entitled to a ten-day notice of the proposed revocation and an informal review by the commissioner's designee.     
      (d) A decision by the commissioner to revoke the authorization of an HSEP is final and may not be appealed.     
      (e) The HSEP is a state program subject to a special accreditation investigation under the TEC, Chapter 39. Sanctions under the TEC, Chapter 39, may be imposed on a school district or an open-enrollment charter school for failure to comply with the HSEP requirements.     
     Source Note:        The provisions of this §89.1419 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective April 28, 2010, 35 TexReg 3259