| (a) Panel procedure. After the Commission votes to
conduct an investigation, for complex investigations, the Commission's
presiding officer may nominate at least three members of the Commission
to an Investigation Panel ("Panel") subject to the approval of a majority
of a quorum of Commissioners.
(b) Panel investigation. For investigations in which
a Panel is created, the Panel initially must specify the focus of
the investigation, communicate with the entities or individuals involved
in the investigation, and collect any appropriate records. The Panel
also may initiate contact with any governmental agency, individual,
or entity to inquire about assistance in a full investigation. The
Panel may:
(1) collect and review appropriate documents as necessary;
(2) conduct interviews with appropriate individuals;
(3) issue notification of results or refer the case
to a governmental or other relevant agency or accrediting body, pursuant
to a written communication, memorandum of understanding, or other
appropriate agreement between the agencies;
(4) contract with a subject matter expert if needed;
or
(5) take such other action as appropriate.
(c) All Panel meetings must be held in in-person meetings
or by videoconference, in accordance with the Texas Open Meetings
Act.
(d) Investigations Facilitated by Staff. For investigations
in which an Investigative Panel is deemed unnecessary, the Commission
must instruct staff to conduct the investigation, which must include
the same activities described in §651.307(b).
(e) Referral of investigative cases to the Office of
Capital and Forensic Writs. The Commission may review and refer cases
that are the subject of an investigation under §651.301(a) or
(b) of this subchapter to the Office of Capital and Forensic Writs
in accordance with Section 78.054(b), Government Code.
(1) General procedure for referral to the Office of
Capital and Forensic Writs. A majority of a quorum of Commissioners
may recommend referral of a case accepted for investigation by the
Commission under §651.301(a) or (b) of this subchapter (relating
to Purpose) to the Office of Capital and Forensic Writs.
(2) Written referral and corresponding documents. The
Commission Presiding Officer or Designee must provide each recommended
case referral in writing, including all documents in the Commission's
possession related to the case and any investigative report issued,
to the Office of Capital and Forensic Writs Director or Designee for
determination regarding potential legal representation no later than
ten (10) business days from the date the Commission recommends referral.
|
| Source Note: The provisions of this §651.307 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective April 5, 2020, 45 TexReg 2320; amended to be effective February 25, 2024, 49 TexReg 877 |
