Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 217 - ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION › Section 217.8 - Contesting an Employment Termination Report

Current through Reg. 49, No. 28; July 12, 2024
(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.