| (a) Persons under investigation for misconduct following
a report under §153.1203 of this title (relating to Required
Reporting by Administrators) are identified by name on the Texas Education
Agency (TEA) website.
(b) Within 30 days of receiving a report under §153.1203
of this title and at least 15 calendar days before identifying a person
on the TEA website as under investigation, the commissioner of education
shall send the person who is the subject of the report a notice by
both first-class U.S. mail and certified mail, return receipt requested,
to the person's address in the report:
(1) notifying the person of the report, including a
statement of the alleged conduct that forms the basis for the report;
(2) stating that the person must request a State Office
of Administrative Hearings (SOAH) hearing within 10 days after the
date the person receives the notice; and
(3) providing the person with the opportunity to show
cause in a written response sent within 10 days of receiving the notice,
explaining why the commissioner should not pursue an investigation.
(c) For purposes of this section and §153.1207
of this title (relating to Request for Hearing), it is a rebuttable
presumption that a person receives the notice no later than five calendar
days after mailing. The 10-day deadline to request a hearing before
SOAH is not tolled during any attempts to show cause.
(d) If the commissioner does not determine that the
person who is the subject of the report has shown cause why the commissioner
should not pursue an investigation, the person will be identified
on the TEA website as a person under investigation.
(e) The person will no longer be identified on the
TEA website as a person under investigation after the commissioner
issues a final order determining whether the person committed the
alleged conduct.
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