| (a) Purpose. This rule establishes a process through
which the Texas Juvenile Justice Department (TJJD) resolves public
complaints about TJJD operations and services, including complaints
that allege violations of the Americans with Disabilities Act of 1990
(ADA). Members of the public are entitled to and shall receive timely
and responsive resolutions to their complaints.
(b) Public Complaint That Does Not Involve an ADA Violation.
(1) How to File a Public Non-ADA Complaint.
(A) Complaints must be filed in writing within 180
calendar days after the complainant became aware of the circumstances
that are the basis of the complaint. TJJD may refuse to consider the
complaint if it is not filed within the 180-day deadline.
(B) No particular format is required for a complaint.
However, the complaint should contain at least the following information:
(i) name, address, and telephone number of the person
filing the complaint; and
(ii) the nature of the complaint and a brief description
of the circumstances surrounding the complaint to include location,
names, and dates.
(2) Where to File a Public Non-ADA Complaint.
(A) The complaint may be mailed, emailed, or submitted
in person to:
(i) the public complaint coordinator in TJJD's Central
Office; or
(ii) the administrator of a TJJD field office or facility.
That administrator immediately notifies the public complaint coordinator
and forwards the written complaint to the public complaint coordinator
within two working days from the date the complaint was received.
(B) The mailing addresses and physical addresses of
TJJD facilities and offices are available on TJJD's website.
(3) Processing Procedures for Public Non-ADA Complaints.
(A) The public complaint coordinator is notified of
all complaints received and maintains a record of each complaint.
(B) The public complaint coordinator assigns each complaint
to the most appropriate administrator for response.
(C) The administrator assigned to respond to a complaint:
(i) attempts to resolve the complaint in a timely and
effective manner;
(ii) reports the status of efforts to resolve the complaint
to the complainant at least monthly until and including final disposition;
(iii) sends copies of the monthly status updates to
the public complaint coordinator.
(c) Public Complaint That Involves an ADA Violation.
(1) ADA Compliance Officer. TJJD complies with the
Americans with Disabilities Act of 1990 (ADA). The executive director
has appointed the agency's human resources director as the ADA compliance
officer. The human resources director is located in the agency's Central
Office. The address of the Central Office is available on TJJD's website.
(2) How to File a Public ADA Complaint.
(A) Complaints may be filed in writing or verbally.
If the complaint is initially filed verbally, it must subsequently
be reduced to writing and received by the ADA compliance officer not
later than 15 calendar days after the ADA compliance officer was notified
of the initial verbal filing. The complaint must be filed within 180
calendar days after the complainant became aware of, or should have
become aware of, the alleged violation. TJJD may refuse to consider
the complaint if it is not filed within the 180-day deadline.
(B) No particular format is required for an ADA complaint.
However, the complaint should contain at least the following information:
(i) name, address, and telephone number of the person
filing the complaint; and
(ii) the nature of the complaint and a brief description
of the circumstances surrounding the complaint to include location,
names, and dates.
(3) Where to File a Public ADA Complaint. The complaint
may be filed by any of the following means:
(A) directly, either verbally or in writing, with the
ADA compliance officer in the Central Office; or
(B) in writing with the administrator of any TJJD field
office or facility. That administrator immediately notifies the ADA
compliance officer and forwards the written complaint to the ADA compliance
officer within two working days from the date the complaint was received.
(4) Processing Procedures for Public ADA Complaints.
(A) ADA Compliance Officer and Employee Grievance Administrator
Responsibilities. Within five calendar days after the ADA compliance
officer receives the written complaint, the ADA compliance officer
or designee and the employee grievance administrator jointly identify
the appropriate decision authority and establish a date the complainant
is due receipt of the decision. As soon as possible after identification
of the decision authority, the ADA compliance officer or designee
notifies the complainant of receipt of the complaint, the name of
the decision authority (i.e., the TJJD administrator appointed to
resolve the complaint), and the date a decision is due.
(B) Decision Authority's Responsibilities.
(i) Assignment. Immediately upon receipt of the complaint,
the decision authority reviews it to ensure that he/she has the authority
to grant the requested relief. If the decision authority does not
have the authority to at least take the first steps towards granting
relief (if the requested relief involves a lengthy, multi-step process),
he/she forwards the complaint to the next-level administrator who
has the authority to act on the complaint.
(ii) Time Lines. The decision authority has 25 calendar
days from the date he/she received the complaint to conduct an investigation,
resolve the complaint, prepare a written decision, obtain a legal
review of the decision, and notify the complainant in writing of the
decision. If for good cause the decision authority requires additional
time for investigation and resolution of the complaint, he/she notifies
the ADA compliance officer, employee grievance administrator, and
the complainant of the reasons for the delay and provides an estimated
decision date.
(iii) Investigation. The decision authority conducts
the investigation or appoints an employee to conduct the investigation
and provide the decision authority with non-binding recommendations.
Prior to commencing the investigation, the investigator (i.e., the
employee who will actually conduct the investigation) reviews the
complaint with the TJJD legal department. During the course of the
investigation, the investigator keeps the complainant informed of
adjustments to his/her time line.
(iv) Report of Investigation.
(I) Prior to release of the written decision to the
complainant or to any other person or entity, the decision authority
submits the proposed decision to the TJJD legal department for review.
Within five working days after receiving the proposed decision, the
legal department reviews the proposed decision for legal sufficiency
and informs the decision authority accordingly.
(II) Upon finalization of the written decision, the
decision authority provides the written decision to the complainant,
the complainant's representative (if any), the ADA compliance officer,
the employee grievance coordinator, and the TJJD general counsel.
If the decision is adverse to the complainant, the decision authority
includes the reasons for the adverse decision.
(5) Request for Review of Public ADA Complaint Decision.
(A) If the complainant is dissatisfied with the decision,
he/she may request a review of the decision by the TJJD executive
director. The request must:
(i) be submitted within ten calendar days after the
date of receipt of the decision;
(ii) include a copy of the written decision and a written
statement specifically outlining the reasons for disagreement; and
(iii) be addressed to the TJJD executive director at
the agency's Central Office. The address of the Central Office is
available on TJJD's website.
(B) The executive director or designee notifies the
complainant in writing of the result of the review within 20 calendar
days after receipt of the request for review. Prior to releasing his/her
decision, the executive director should submit the complaint record
to the TJJD legal department for review and advice. If the executive
director's decision upholds the initial ruling, the written notification
need only state that the issue has been considered and no valid reason
has been found to warrant reversing the decision.
(C) The decision is distributed to the parties identified
in paragraph (4)(B)(iv)(II) of this subsection.
(D) The decision by the executive director finalizes
the complaint process within TJJD and exhausts the complainant's administrative
remedies.
(6) Record Repository for Public ADA Complaints. The
ADA compliance officer or designee maintains the files and records
of all ADA complaints. Upon completion of processing the complaint,
the original decision authority ensures that the original complaint,
all correspondence, and any other relevant materials are forwarded
to the ADA compliance officer for filing. The ADA compliance officer
ensures that any appeals are similarly filed.
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| Source Note: The provisions of this §385.8111 adopted to be effective December 31, 1996, 21 TexReg 11819; amended to be effective April 15, 2002, 27 TexReg 2829; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123 |
