37 Tex. Admin. Code § 349.300 - [Effective until 9/1/2025] Requests for Disciplinary Action
(a) Department, Facility or Juvenile Board
Requests.
(1) Code of Ethics Violations. The
chief administrative officer, facility administrator or juvenile board shall
forward a copy of an internal investigation based upon a code of ethics
violation to the Commission. The internal investigation shall serve as a
request for disciplinary action. At the time the chief administrative officer
or facility administrator makes the request for disciplinary action, the chief
administrative officer or facility administrator shall simultaneously notify in
writing the juvenile board.
(2)
Criminal Conduct. The chief administrative officer, facility administrator or
the juvenile board shall submit a written request for disciplinary action to
the Commission within 10 working days after obtaining notice that a Certified
Officer has been convicted of or received deferred adjudication for any offense
listed under §
344.400 of this title. A request
for waiver or variance under §
349.200 of this chapter may not be
requested for this section unless the certified officer, chief administrative
officer or facility administrator received a pardon.
(b) Public Requests.
(1) Code of Ethics Violations. In the event
the Commission receives notice in any manner from a member of the public that a
Certified Officer has violated the code of ethics, the Commission shall notify
in writing the local juvenile board and, provided the alleged violation does
not involve the chief administrative officer or facility administrator, shall
also notify in writing the chief administrative officer or facility
administrator. The Commission shall provide this notice to the chief
administrative officer or facility administrator no later than three (3)
working days from receipt of the report of an alleged violation. Upon receipt
of notification from the Commission, the chief administrative officer, facility
administrator or the juvenile board shall conduct an internal investigation,
which shall be forwarded to the Commission upon completion.
(2) Criminal Conduct. In the event the
Commission receives notice from a member of the public that a Certified Officer
has been convicted of or received deferred adjudication for any offense listed
under §
344.400 of this title, the
Commission shall notify in writing the local juvenile board and, provided the
alleged violation does not involve the chief administrative officer or facility
administrator, shall also notify in writing the chief administrative officer or
facility administrator. Upon receiving notice from the Commission, the facility
administrator, chief administrative officer or juvenile board shall investigate
and, if disqualifying criminal history exists, shall request disciplinary
action in accordance with subsection (a)(2) of this section.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Department, Facility or Juvenile Board Requests.
(1) Code of Ethics Violations. The chief administrative officer , facility administrator or juvenile board shall forward a copy of an internal investigation based upon a code of ethics violation to the Commission . The internal investigation shall serve as a request for disciplinary action . At the time the chief administrative officer or facility administrator makes the request for disciplinary action , the chief administrative officer or facility administrator shall simultaneously notify in writing the juvenile board .
(2) Criminal Conduct. The chief administrative officer , facility administrator or the juvenile board shall submit a written request for disciplinary action to the Commission within 10 working days after obtaining notice that a Certified Officer has been convicted of or received deferred adjudication for any offense listed under § 344.400 of this title. A request for waiver or variance under § 349.200 of this chapter may not be requested for this section unless the certified officer , chief administrative officer or facility administrator received a pardon.
(b) Public Requests.
(1) Code of Ethics Violations. In the event the Commission receives notice in any manner from a member of the public that a Certified Officer has violated the code of ethics , the Commission shall notify in writing the local juvenile board and, provided the alleged violation does not involve the chief administrative officer or facility administrator , shall also notify in writing the chief administrative officer or facility administrator . The Commission shall provide this notice to the chief administrative officer or facility administrator no later than three (3) working days from receipt of the report of an alleged violation. Upon receipt of notification from the Commission , the chief administrative officer , facility administrator or the juvenile board shall conduct an internal investigation, which shall be forwarded to the Commission upon completion.
(2) Criminal Conduct. In the event the Commission receives notice from a member of the public that a Certified Officer has been convicted of or received deferred adjudication for any offense listed under § 344.400 of this title, the Commission shall notify in writing the local juvenile board and, provided the alleged violation does not involve the chief administrative officer or facility administrator , shall also notify in writing the chief administrative officer or facility administrator . Upon receiving notice from the Commission , the facility administrator , chief administrative officer or juvenile board shall investigate and, if disqualifying criminal history exists, shall request disciplinary action in accordance with subsection (a)(2) of this section.