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RULE §178.8Appeals

(a) Initiation. Following the receipt of the notice of dismissal of a complaint, the complainant may appeal the dismissal to the board. To be considered by the board, the appeal must:

  (1) be in writing;

  (2) list the reason(s) for the appeal, providing sufficient information to indicate that additional review is warranted; and

  (3) must be received by the Board no later than 90 days after the complainant's receipt of notice of the dismissal of the complaint.

(b) Review of an Appeal. Appeals will be considered by a disciplinary committee of the board. Upon review of an appeal, subject to the approval of the board, a disciplinary committee of the board may determine any of the following:

  (1) the investigation should remain closed;

  (2) additional information needs to be obtained before a determination on the appeal can be made;

  (3) additional information needs to be obtained before a determination can be made as to whether a violation of the Act occurred; or

  (4) the case should be referred to an ISC for a determination.

(c) Personal Appearances. The complainant has the right to personally appear before a disciplinary committee of the board. This appearance must be scheduled through agency staff. This appearance may be limited in time and scope by the chair of the disciplinary committee of the board.

(d) Notice. The complainant shall be notified of the Board's decision concerning the appeal.

(e) Appeals Limited. Only one appeal shall be allowed for each complaint.

Source Note: The provisions of this §178.8 adopted to be effective November 30, 2003, 28 TexReg 10489; amended to be effective January 25, 2006, 31 TexReg 390; amended to be effective June 29, 2006, 31 TexReg 5104; amended to be effective July 2, 2020, 45 TexReg 4338

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