|(a) Panel procedure. After a quorum of Commissioners
vote to conduct an investigation, the Commission's presiding officer
shall nominate at least three members of the Commission to an Investigation
Panel ("Panel") subject to the approval of a quorum of Commissioners,
and the Investigation Panel shall elect one of the members as chair
of the Panel.
(b) Panel investigation. A Panel shall coordinate any
investigation voted upon by the Commission. The Panel initially shall
specify the focus of the investigation, communicate with the entities
or individuals involved in the investigation, and collect any appropriate
records. The Panel also may initiate contact with any governmental
agency, individual or entity to inquire about assistance in a full
investigation. The Panel may:
(1) collect and review appropriate documents as necessary;
(2) conduct interviews with appropriate individuals;
(3) issue notification of results or refer the case
to a governmental or other relevant agency or accrediting body, pursuant
to a written communication, memorandum of understanding or other appropriate
agreement between the agencies;
(4) contract with a subject matter expert if needed;
(5) take such other action as appropriate.
(c) Limitation on panel meetings held by telephone.
Commission Panels may meet by telephone for information-gathering
purposes only. However, all deliberative discussions by Panels shall
be held in open, public meetings in accordance with the Texas Open
(d) Referral of investigative cases to the Office of
Capital and Forensic Writs. The Commission may review and refer cases
that are the subject of an investigation under §651.301(a) or
(b) of this subchapter to the Office of Capital and Forensic Writs
in accordance with Section 78.054(b), Government Code.
(1) General procedure for referral to the Office of
Capital and Forensic Writs. A majority of a quorum of Commissioners
may recommend referral of a case accepted for investigation by the
Commission under §651.301(a) or (b) of this subchapter (relating
to Purpose) to the Office of Capital and Forensic Writs.
(2) Written referral and corresponding documents. The
Commission Presiding Officer or Designee shall provide each recommended
case referral in writing, including all documents in the Commission's
possession related to the case and any investigative report issued,
to the Office of Capital and Forensic Writs Director or Designee for
determination regarding potential legal representation no later than
ten (10) business days from the date the Commission recommends referral.