Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 349 - GENERAL ADMINISTRATIVE STANDARDS › Subchapter C - DISCIPLINARY ACTIONS AND HEARINGS › Section 349.370 - Formal Disciplinary Proceedings

Current through Reg. 49, No. 28; July 12, 2024
In the event a disciplinary action is not resolved
					 informally, formal disciplinary proceedings may be initiated and pursued by the
					 Commission in accordance with the following provisions.
(1) Formal administrative hearings in
				  contested cases shall be conducted in accordance with the APA and SOAH rules.
				  Jurisdiction over the case is acquired by SOAH when Commission staff or the
				  Certified Officer files a Request to Docket Case Form accompanied by legible
				  copies of all pertinent documents, including but not limited to the complaint,
				  petition, application or other document describing the agency action giving
				  rise to a contested case.
(2) When
				  a case has been docketed before SOAH, the party requesting docketing shall
				  provide a notice of hearing to all parties in accordance with §
										2001.052 of
				  the Texas Government Code and applicable SOAH rules.
(3) The certified officer shall enter an
				  appearance by filing a written answer or other responsive pleading with SOAH,
				  along with a copy to Commission staff, within 20 days of the date on which the
				  notice of hearing is served on the Certified Officer.
(4) For purposes of this section, an entry of
				  an appearance shall mean the filing of a written answer or other responsive
				  pleading.
(5) The failure of the
				  Certified Officer to timely enter an appearance as provided in this section
				  shall entitle Commission staff to a continuance at the time of the hearing in
				  the contested case for such reasonable period of time as determined by the
				  judge.
(6) The notice of hearing
				  provided to a Certified Officer for a contested case shall include the
				  following language in capital letters in 12-point bold face type: FAILURE TO
				  ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING TO
				  THE FORMAL CHARGES WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED, SHALL
				  ENTITLE COMMISSION STAFF TO A CONTINUANCE AT THE TIME OF THE HEARING.
(7) If a Certified Officer fails to appear in
				  person or by authorized representative on the day and at the time set for
				  hearing in a contested case, regardless of whether an appearance has been
				  entered, the judge, pursuant to SOAH's rules, shall, upon adequate proof that
				  proper notice under the APA and SOAH rules was served upon the defaulting
				  party, enter a default judgment in the matter adverse to the Certified Officer.
				  Such notice shall have included in 12-point, boldface type, the fact that upon
				  failure of the party to appear at the hearing, the factual allegations in the
				  notice may be deemed admitted as true and the relief sought in the proposed
				  recommendation by the staff may be granted by default.
(8) Any default judgment granted under this
				  section will be entered on the basis of the factual allegations in the formal
				  charges contained in the notice of hearing, and upon proof of proper notice to
				  the Certified Officer. For purposes of this section, proper notice means notice
				  sufficient to meet the provisions in §§
										2001.051,
				  2001.052 and
				  2001.054 of the Texas
				  Government Code and §
										349.320 of
				  this chapter. Such notice of hearing shall also include the following language
				  in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING
				  IN PERSON OR BY AUTHORIZED REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE
				  HAS BEEN ENTERED, MAY RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES
				  BEING ADMITTED AS TRUE AND THE PROPOSED RECOMMENDATION OF THE COMMISSION MAY BE
				  GRANTED BY DEFAULT.
(9) A party may
				  file a motion no later than 10 days after the hearing to set aside a default
				  and to reopen the record if a proposal for decision or a final decision has not
				  been issued.
(A) The judge may grant the
				  motion, set aside the default and reopen the hearing for good cause
				  shown.
(B) If the motion to set
				  aside the default judgment is granted, it shall be the responsibility of the
				  parties to either settle the matter informally or to request a rehearing on the
				  merits. Whenever possible, the rehearing of the case shall occur with the judge
				  that heard the default matter.