| (a) The executive director may waive the legislatively
required continuing education for a licensee, as required by the Texas
Occupations Code, Chapter 1701, if the licensee demonstrates the existence
of mitigating circumstances justifying the licensee's failure to obtain
the legislatively required continuing education.
(b) Mitigating circumstances are defined as:
(1) catastrophic illness or injury that prevents the
licensee from performing active duty for longer than 12 months; or
(2) active duty with the armed forces of the United
States, or a reserve component of the armed forces of the United States
for a time period in excess of 12 months.
(c) A request for a waiver of the legislatively required
continuing education due to mitigating circumstances shall be in writing,
accompanied by verifying documentation, and shall be submitted to
the executive director with a copy to the chief administrator of the
licensee's appointing agency not less than 30 days prior to the end
of the training unit.
(d) Absent mitigating circumstances, a request for
a waiver under this section shall be submitted to the executive director
not less than 90 days prior to the end of the training unit.
(e) The commission may waive the requirement for civil
process training if not less than 90 days prior to the end of the
training cycle:
(1) the constable requests a waiver for the deputy
constable based on a representation that the deputy constable's duty
assignment does not involve civil process responsibilities; or
(2) the constable or deputy constable requests a waiver
because of hardship and the commission determines that a hardship
exists.
(f) Within 20 days of receiving a request for a waiver
under this section, the executive director shall notify the licensee
and the chief administrator of the licensee's appointing agency, whether
the request has been granted or denied.
(g) A licensee, whose request for a waiver under this
section is denied, is entitled to a hearing in accordance with Texas
Government Code, Chapter 2001. The licensee must request a hearing
within 20 days of the waiver being denied. In a hearing pursuant to
this subsection, the licensee is the petitioner and the executive
director is the respondent. The burden of proof shall be on the licensee
to show why he or she is entitled to a waiver of the legislatively
required continuing education requirement.
(h) The effective date of this section is February
1, 2014.
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