Sec. 8. The department may, in a proceeding under IC 4-21.5, suspend or terminate the certification of an organization as a scholarship granting organization if the department establishes that the scholarship granting organization:
(1) has intentionally and substantially failed to comply with the requirements of this article or an agreement entered into under this article; or
(2) has not granted a school scholarship, as defined in IC 20-51-1-8, for either three (3) consecutive years or within the first two (2) years of operation as a certified scholarship granting organization.