| (a) The employee must file the Request for EMR Hearing
no later than 30 calendar days from the date the employee receives
the Notice of Finding.
(b) A Notice of Finding is presumed received by the
employee on the date of delivery as indicated on the certified mail
return receipt. If the certified envelope is returned unclaimed, but
the first-class envelope is not returned, the Notice of Finding is
presumed received on the third business day following the date the
notice was mailed to the employee's last known address. A personally
delivered Notice of Finding is presumed received on the date of delivery
as indicated on the affidavit of the person delivering the notice.
(c) If the Request for EMR Hearing is submitted by
mail, the envelope must be postmarked no later than 30 days after
the date the employee received the Notice of Finding. If the Request
for EMR Hearing is hand-delivered or submitted by fax, the request
must be received in the appropriate DFPS office by 5:00 p.m., no later
than 30 days from the date the employee received the Notice of Finding.
(d) If an employee files the Request for EMR Hearing
after the deadline, DFPS notifies the employee that the request was
not filed by the deadline, no EMR hearing will be granted, and the
employee's name will be submitted for inclusion in the Employee Misconduct
Registry.
(e) If an employee disputes the fact that the Request
for EMR Hearing was filed late, the employee may file a request for
a telephonic hearing, to be conducted by an administrative law judge,
and limited solely to the issue of whether the Request for EMR Hearing
was filed on time. If, as a result of that hearing, the employee proves
that the original Request for EMR Hearing was filed on or before the
deadline, a separate hearing will be scheduled as soon as possible
on the issue of whether the employee committed reportable conduct.
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