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RULE §211.30Chief Administrator Responsibilities for Class A and B Waivers

(a) A chief administrator may request the executive director that an individual be considered for a waiver of either the enrollment or initial licensure requirements regarding an otherwise disqualifying Class A or B misdemeanor conviction or deferred adjudication. An individual is eligible for one waiver request. This request must be submitted at least 45 days prior to a regularly scheduled commission meeting.

(b) A chief administrator is eligible to apply for a waiver five years after the date of conviction or placement on community supervision.

(c) The request must include:

  (1) a complete description of the following mitigating factors:

    (A) the applicant's history of compliance with the terms of community supervision;

    (B) the applicant's continuing rehabilitative efforts not required by the terms of community supervision;

    (C) the applicant's employment record;

    (D) whether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;

    (E) the required mental state of the disposition offense;

    (F) whether the conduct resulting in the arrest resulted in the loss of or damage to property or bodily injury;

    (G) the type and amount of restitution made by the applicant;

    (H) the applicant's prior community service;

    (I) the applicant's present value to the community;

    (J) the applicant's post-arrest accomplishments;

    (K) the applicant's age at the time of arrest; and

    (L) the applicant's prior military history;

  (2) all court and community supervision documents;

  (3) the applicant's statement;

  (4) all offense reports;

  (5) victim(s) statement(s), if applicable;

  (6) letters of recommendation;

  (7) statement(s) of how the public or community would benefit; and

  (8) chief administrator's written statement of intent to hire the applicant as a full time employee.

(d) Commission staff will review the request and notify the chief administrator if the request is incomplete. The chief administrator must provide any missing documents before the request can be scheduled for a commission meeting. Once a completed request is received, it will be placed on the agenda of a regularly scheduled commission meeting.

(e) The chief administrator will be notified of the meeting date and must be present to present the request to the commissioners. The applicant must be present at the meeting to answer questions about the request. Staff will present a report on the review process.

(f) After hearing the request, the commissioners will make a decision and take formal action to approve or deny the request.

(g) If granted, a waiver is issued in the name of the applicant chief administrator, belongs to the sponsoring agency, is nontransferable without approval, and is without effect upon the subject's separation from employment. If separated and in the event of subsequent prospective law enforcement employment, a person may seek another waiver through the prospective hiring agency's chief administrator.

(h) The effective date of this section is June 1, 2022.

Source Note: The provisions of this §211.30 adopted to be effective October 26, 2009, 34 TexReg 6661; amended to be effective June 1, 2014, 39 TexReg 3443; amended to be effective June 1, 2022, 47 TexReg 2882

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