37 Tex. Admin. Code § 217.8 - Contesting an Employment Termination Report
(a) A person who is the subject of an
employment termination report is entitled to file a petition contesting
information included in the employment termination report. The written petition
for correction of the report must be filed with the executive director on a
form currently prescribed by the commission and a copy must be served on the
law enforcement agency.
(b) A
petition described in subsection (a) of this section must be received by the
executive director not later than the 30th day after the person receives a copy
of the report of separation.
(c)
Upon receipt of the petition the executive director will refer the dispute to
SOAH.
(d) A proceeding conducted
pursuant to subsection (c) of this section is a contested case under Chapter
2001, Texas Government Code. The parties to the proceeding shall be the person
contesting the employment termination and the chief administrative officer of
the law enforcement agency. The Commission is not considered a party in a
proceeding conducted by SOAH. The chief administrative officer of the law
enforcement agency shall have the burden of proof by a preponderance of the
evidence. Following the contested case hearing, the administrative law judge
shall issue a final order on the petition.
(e) If the alleged misconduct is not
supported by a preponderance of the evidence, the administrative law judge
shall order the commission to change the report. The commission shall send the
changed report to the law enforcement agency that prepared the original
employment termination report. The law enforcement agency shall replace the
original employment termination report with the changed report.
(f) Any party to a proceeding described in
subsection (d) of this section may file exceptions to the administrative law
judge's final order in accordance with SOAH rules and procedures.
(g) The results of a hearing described in
subsection (d) of this section are enforceable by the commission pursuant to
Chapter 1701, Texas Occupations Code and Chapter 2001, Texas Government
Code.
(h) The results of a hearing
described in subsection (d) of this section are appealable in accordance with
Chapter 2001, Texas Government Code.
(i) A chief administrative officer of a law
enforcement agency who fails to comply with the results of a hearing after all
appeals available to the agency have been exhausted is subject to disciplinary
action pursuant to Chapter 1701, Texas Occupations Code, and Chapter 223 of
this title.
(j) All information
submitted under subsection (d) of this section is exempt from disclosure under
the Public Information Act, Chapter 552, Texas Government Code, unless the
individual resigned or was terminated due to substantiated incidents of
excessive force or violations of law other than traffic offenses, and is
subject to subpoena only in a judicial proceeding.
(k) The effective date of this section is
February 1, 2014.
Notes
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