#187-TTC-790
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DOCKET NO. 187-TTC-790
TEXAS EDUCATION AGENCY,
DIVISION OF TEACHER RECORDS
V.
MARK WALL
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BEFORE THE STATE
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COMMISSIONER OF EDUCATION
THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner seeks to have the Commissioner cancel the
Professional Associate School Psychologist Certificate
possessed by Respondent because Respondent is not certified
as a psychological associate by the Texas State Board of
Examiners of Psychologists as required by 19 T.A.C.
+141.246(c)(1).
Maggie H. Montelongo is the Hearing Officer appointed
by the State Commissioner of Education to preside over this
action. Petitioner is represented by Mr. Terry Johnson,
Attorney at Law from Austin, Texas. Respondent is
represented by Mr. Daniel A. Ortiz, Attorney at Law from
Arlington, Texas.
The parties have submitted this matter on motion for
summary judgment and oral argument was heard on May 10,
1991. On May 10, 1991, a Proposal for Decision issued forth
recommending the granting of Petitioner's request for
revocation. On June 6, 1991, Respondent filed exceptions.
After consideration of the arguments, the stipulated facts,
Petitioner's motion for summary judgment and Respondent's
reply brief, along with the exceptions and replies, it is
hereby decided that Petitioner's action is to be granted and
that Respondent's Professional Associate School
Psychological Certificate No. XXX-XX-XXXX be cancelled.
Findings of Fact
After due consideration of the evidence and matters
officially noticed, in my capacity as Interim Commissioner
of Education, I make the following Findings of Fact:
1. On or about October 10, 1971, Respondent was
certified by the Texas State Board of Examiners of
Psychologists as a Psychological Associate. (Stipulated).
2. On or about May 31, 1973, Respondent's
certification as a Psychological Associate expired.
(Stipulated).
3. Respondent Mark Wall is the holder of Professional
Associate School Psychologist Certificate No. XXX-XX-XXXX,
issued by the Texas Education Agency on or about June 1,
1977. (Stipulated).
4. Respondent Mark Wall is not now certified as a
Psychological Associate and he has not been so certified
since May 31, 1973. (Stipulated).
5. 19 T.A.C. +141.246(c)(1) requires licensure by the
State Board of Examiners of Psychologists as a psychological
associate. (Official Notice).
6. Tex. Rev. Civ. Stat. art. 4215c +17(b) mandates that
certificates issued by the State Board of Examiners of
Psychologists will be renewed no less than once every two
years. Certificates expire on December 31st in the
appropriate year following their issuance or renewal and are
invalid thereafter unless renewed. (Official Notice).
7. Tex. Rev. Civ. Stat. art. 4215c +17(c) (Vernon 1973)
provides that a "psychologist who wishes to place his
certificate upon an inactive status may do so upon
application by payment of a fee of Three Dollars ($3.00);
such a psychologist shall not accrue any penalty for late
payment of the renewal fee." (emphasis added)(Official
Notice).
Discussion
The material facts germane to the resolution of this
action are undisputed. Respondent is required to hold a
certificate from the State Board of Examiners of
Psychologists as a psychological associate in order to
possess a Professional Associate School Psychological
Certificate from this Agency and he did not at the time he
made application to this Agency in 1977 and he still did not
at the issuance of a proposal for decision.
Respondent contends there is an issue of fact with
respect to whether he was on inactive status at the time he
made application to the Agency in 1977. Tex. Rev. Civ.
Stat. art. 4215c +17(b) clearly gives notice that
certificates are to be renewed every two years and that
failure to renew will invalidate the certificate. Tex. Rev.
Civ. Stat. art. 4215c +17(c) further provides that the Board
will notify every person certified under this Act of the
date of expiration of his certificate and the amount of the
renewal fee. It also provides for inactive status, however,
it does not dispose of the renewal fee; rather, it provides
for an additional $3.00 fee for the inactive status
application. Respondent is charged with notice of such
statutory certification requirements.
In his affidavit, however, which was submitted in
response to the motion for summary judgment, Respondent
declares that "[b]ecause I was unaware of any annual fees
attendant to keeping current said certification, on or about
May 31, 1973, said psychological associate certification
expired." Given this, there is no dispute that the
certification expired. Simply because Respondent may not
have kept abreast of the requirements for certification,
expiration and renewal of his psychological associate
certification does not negate the fact of expiration. Thus,
it is uncontroverted that Respondent did not have the
requisite licensure needed to obtain a Professional
Associate School Psychological Certificate in 1977 or now.
Through his exceptions, filed on June 6, 1991,
Respondent has submitted additional evidence to indicate
that he is currently certified by the Texas State Board of
Examiners of Psychologists and thus meets all the necessary
requirements for retention or reissuance of certificate.
Respondent's evidence consists of a copy of a letter dated
May 14, 1991, from the Texas State Board of Examiners of
Psychologists informing him that he has successfully passed
the Examination for the Professional Practice of Psychology
and the Jurisprudence Examination for Psychological
Associate in the State of Texas. This evidence, however,
came into existence after the record in this matter was
closed. Furthermore, it does not affect the final outcome
of the present action.
Respondent's Professional Associate School Psychologist
Certificate No. XXX-XX-XXXX, issued by the Texas Education
Agency on or about June 1, 1977, is to be revoked because
Respondent did not possess or maintain the requisite
certification for the period in question. Because
Respondent did not satisfy the standards for issuance of
Professional Associate School Psychologist from 1977 until
now, any such certificate possessed was issued in error and
is to be revoked because of the deficiency. Certainly,
Respondent is free to reapply for such a certificate upon
satisfaction of all requirements; however, this does not
negate the fact that his previous Professional Associate
School Psychologist Certificate No. XXX-XX-XXXX is to be
revoked nevertheless.
Consequently, it is determined that Petitioner's
decision be affirmed and Respondent's Professional Associate
School Psychological Certificate No. XXX-XX-XXXX be
cancelled.
Conclusions of Law
After due consideration of the record, matters
officially noticed, and the foregoing Findings of Fact, in
my capacity as Interim Commissioner of Education, I make the
following Conclusions of Law:
1. The State Commissioner of Education has
jurisdiction over this action pursuant to Tex. Educ. Code
13.046(a)(1).
2. 19 T.A.C. +141.246(c)(1) requires licensure by the
State Board of Examiners of Psychologists as a psychological
associate as a prerequisite to obtaining a professional
associate school psychologist certificate. Respondent's
failure to comply with this requirement during the time in
question precludes valid certification from 1977 until
satisfaction of all requirements.
3. Petitioner's action is to be granted and
Respondent's Professional Associate School Psychological
Certificate No. XXX-XX-XXXX is to be cancelled. Respondent
is to surrender his certificate to Petitioner upon final
decision.
O R D E R
After due consideration of the record, matters
officially noticed, and the foregoing Findings of Fact and
Conclusions of Law, in my capacity as Interim Commissioner
of Education, it is hereby
ORDERED that Petitioner's appeal be GRANTED and
Respondent's Professional Associate School Psychological
Certificate No. XXX-XX-XXXX be, and is hereby, CANCELLED.
IT IS FURTHER ORDERED that Respondent surrender his
certificate to the Texas Education Agency, Division of
Teacher Records.
IT IS FURTHER ORDERED that Respondent notify all
appropriate parties of the cancellation of Respondent's
Professional Associate School Psychological Certificate No.
XXX-XX-XXXX.
SIGNED AND ISSUED this ______ day of ________________,
1991.
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THOMAS E. ANDERSON, JR.
INTERIM COMMISSIONER OF
EDUCATION