Section 854.80 - Termination of License for Reasons Other Than Unsatisfactory Performance(a) Causes for termination. The license of a licensee shall be terminated upon the occurrence of any one of the following: (1) The licensee's visual acuity is improved by any means to the point at which the licensee no longer satisfies the definition of legally blind.(2) The licensee becomes otherwise permanently disabled and as a result of such permanent disability is unable to perform the essential functions of operating and maintaining a BET facility with or without reasonable accommodations. Being permanently disabled is having a condition that is medically documented and has existed or is expected to exist for at least 12 months. The determination of permanently disabled shall be made by the VRD director or designee after review of medical documentation and other information relevant to the issue. Other information relevant to the issue shall include recommendations from Agency staff and ECM, pertinent information from the licensee's BET file or provided by the licensee, and reports of examinations or evaluations, if any, obtained by the Agency and the licensee.(3) The licensee is unassigned and has not accepted assignment offers or applied for an assignment when facilities are available for a period of six consecutive months. The six-month deadline may be extended by periods of 30 days when facilities are not available for assignment. Any unassigned period of 12 months or more requires retraining for the licensee to become eligible to bid for, or be assigned to, available facilities.(b) Examination and evaluation. In any situation in which the vision or other disability of a licensee is at issue with respect to termination of a license, the Agency or the licensee may require an examination or evaluation by professionals to determine whether the licensee is otherwise permanently disabled and because of the permanent disability is unable to perform the essential functions of operating and maintaining a BET facility. The reports of such professionals shall be furnished to the Agency and the licensee. Any failure of the licensee to participate in required examinations or evaluations shall be grounds for administrative action.(c) Restoration of license. A license terminated under the provisions of this section may be restored at the discretion of the Agency if the condition or conditions causing the termination were resolved satisfactorily. In considering a decision with respect to whether to restore a license that was terminated according to this section, the VRD director shall consult with appropriate BET staff members, the ECM chair, and any advocate for the licensee and shall consider all pertinent information and documentation provided by any of the individuals described in this subsection.(d) Conditional restoration. If the VRD director determines that a license that was terminated according to this section should be restored, the VRD director may authorize the restoration of the license on any reasonable basis, such as participation in continued medical treatment or therapy, or completion of refresher or other courses of training.40 Tex. Admin. Code § 854.80
Adopted to be effective December 10, 2012, 37 TexReg 9644; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Repealed by Texas Register, Volume 42, Number 44, November 3, 2017, TexReg 6194, eff. 11/8/2017; Adopted by Texas Register, Volume 44, Number 26, June 28, 2019, TexReg 3300, eff. 9/1/2019; Amended by Texas Register, Volume 47, Number 26, July 1, 2022, TexReg 3826, eff. 7/4/2022