| (a) Any person named by the Texas Juvenile Justice
Department (TJJD) as a designated perpetrator or administrative designee
as a result of an investigation conducted under Chapter 350 of this
title may request an administrative review of the investigation findings.
(b) The designated perpetrator or administrative designee
must request the review in writing within 20 calendar days after receiving
TJJD's written notice of the investigation findings.
(c) If civil or criminal proceedings related to an
allegation that TJJD has investigated are pending when a designated
perpetrator or administrative designee requests an administrative
review, or if such proceedings are initiated before TJJD begins the
review, TJJD may postpone the review until the proceedings are completed.
(d) The designated perpetrator or administrative designee
has a right to:
(1) represent himself/herself or be represented by
an authorized representative; and
(2) submit relevant evidence on his/her behalf.
(e) If TJJD chooses to interview a designated perpetrator
or administrative designee who does not speak English or is hearing
impaired, TJJD provides a certified translator or interpreter unless
the designated perpetrator or administrative designee chooses to provide
his/her own certified translator or interpreter. If the designated
perpetrator or administrative designee chooses to provide his/her
own certified translator or interpreter, the designated perpetrator
or administrative designee is responsible for all translation or interpretation
costs incurred in connection with the review.
(f) The administrative review is conducted by a staff
attorney appointed by the TJJD general counsel. The staff attorney
confirms or revises TJJD's original notice of the investigation findings
based on the same policies applied by TJJD during the original investigation.
Within 45 calendar days after receiving the request for review, TJJD
notifies the designated perpetrator or administrative designee of
the outcome of the review.
(g) If the administrative review results in changes
to the original findings, TJJD must:
(1) enter the revised findings into the investigation
record; and
(2) notify each person who was notified of the original
findings that the findings have been revised.
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| Source Note: The provisions of this §349.410 adopted to be effective May 1, 2010, 35 TexReg 3289; amended to be effective April 11, 2013, 38 TexReg 2229; amended to be effective November 15, 2017, 42 TexReg 6381 |
