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RULE §349.400Complaint Process

(a) When the Commission receives a complaint about a juvenile board, the Commission shall review the circumstances surrounding the complaint to determine whether the juvenile board has violated the rules or standards of the Commission.

(b) If the Commission determines the complaint is about juvenile services within the discretion of the juvenile board, the complaint shall be referred to the juvenile board. The complainant shall be notified in writing of the referral by the Commission.

(c) If the Commission determines the juvenile board has violated the Commission's rules or standards, the juvenile board shall be notified in writing of the violation. If, within 90 calendar days of the date on which the juvenile board received written notice of the Commission's determination, the juvenile board does not propose its own plan for achieving compliance or if the plan is not acceptable to the Commission, the Commission will attempt to negotiate a mutually agreeable solution.

(d) Upon written notice of the violation, the juvenile board shall be given 90 calendar days to achieve compliance or propose a plan to achieve compliance acceptable to the Commission.

(e) If the Commission and the juvenile board cannot reach an agreement, the Commission shall give the juvenile board written notice of its intent to refuse, reduce or suspend state aid under §141.085 of the Texas Human Resources Code. Upon receipt of the above notice, the juvenile board shall have 15 calendar days to:

  (1) notify in writing the Commission's Executive Director of the juvenile board's compliance;

  (2) propose in writing an alternate solution; or

  (3) provide a written appeal of the Commission's action(s) to the Executive Director.

(f) The juvenile board's appeal must state specifically any difference of opinion with the Commission's staff concerning the facts in dispute and the solution necessary under the standards or rules of the Commission. The appeal shall state whether the juvenile board requests a hearing before the Commission's board.

(g) The Commission shall set the appeal on the agenda for its next regularly scheduled meeting. If the juvenile board has requested a hearing, the juvenile board and the Commission's staff may appear and make oral presentations concerning the appeal. If the juvenile board does not request a hearing before the Commission, the Board will make its decision based upon the record.

(h) The complainant shall be notified in writing upon receipt of the complaint and upon resolution.

Source Note: The provisions of this §349.400 adopted to be effective May 1, 2010, 35 TexReg 3289

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