|(a) A person who is the subject of an employment termination
report is entitled to file a petition contesting information included
in the employment termination report. The written petition for correction
of the report must be filed with the executive director on a form
currently prescribed by the commission and a copy must be served on
the law enforcement agency.
(b) A petition described in subsection (a) of this
section must be received by the executive director not later than
the 30th day after the person receives a copy of the report of separation.
(c) Upon receipt of the petition the executive director
will refer the dispute to SOAH.
(d) A proceeding conducted pursuant to subsection (c)
of this section is a contested case under Chapter 2001, Texas Government
Code. The parties to the proceeding shall be the person contesting
the employment termination and the chief administrative officer of
the law enforcement agency. The Commission is not considered a party
in a proceeding conducted by SOAH. The chief administrative officer
of the law enforcement agency shall have the burden of proof by a
preponderance of the evidence. Following the contested case hearing,
the administrative law judge shall issue a final order on the petition.
(e) If the alleged misconduct is not supported by a
preponderance of the evidence, the administrative law judge shall
order the commission to change the report. The commission shall send
the changed report to the law enforcement agency that prepared the
original employment termination report. The law enforcement agency
shall replace the original employment termination report with the
(f) Any party to a proceeding described in subsection
(d) of this section may file exceptions to the administrative law
judge's final order in accordance with SOAH rules and procedures.
(g) The results of a hearing described in subsection
(d) of this section are enforceable by the commission pursuant to
Chapter 1701, Texas Occupations Code and Chapter 2001, Texas Government
(h) The results of a hearing described in subsection
(d) of this section are appealable in accordance with Chapter 2001,
Texas Government Code.
(i) A chief administrative officer of a law enforcement
agency who fails to comply with the results of a hearing after all
appeals available to the agency have been exhausted is subject to
disciplinary action pursuant to Chapter 1701, Texas Occupations Code,
and Chapter 223 of this title.
(j) All information submitted under subsection (d)
of this section is exempt from disclosure under the Public Information
Act, Chapter 552, Texas Government Code, unless the individual resigned
or was terminated due to substantiated incidents of excessive force
or violations of law other than traffic offenses, and is subject to
subpoena only in a judicial proceeding.
(k) The effective date of this section is February
|Source Note: The provisions of this §217.8 adopted to be effective June 1, 2006, 31 TexReg 2876; amended to be effective March 1, 2008, 33 TexReg 282; amended to be effective January 14, 2010, 34 TexReg 9477; amended to be effective October 28, 2010, 35 TexReg 9114; amended to be effective January 1, 2012, 36 TexReg 8991; amended to be effective February 1, 2014, 38 TexReg 9612