Section 343.282 - Resident AppealsA resident may appeal the findings of a formal disciplinary review. The appeal process shall include the following elements.
(1) The appeal shall be decided by one or more neutral and impartial persons who were not directly involved in the formal disciplinary review and not directly involved in the disciplinary process.(2) The resident shall be allowed to submit the request for an appeal within seven calendar days after a disposition is rendered in the formal disciplinary review.(3) The person(s) who decides the appeal shall prepare a written response to the resident's appeal that: (A) indicates the evidence to be relied upon in making the appeal decision and the justification for the decision; and(B) is completed within 10 calendar days after the date the resident requested the appeal. Any delay beyond 10 calendar days must be supported by documented justification explaining why it was impossible, impractical, or inappropriate to answer the appeal within ten calendar days.(4) If the appeal determines the resident did not commit the violation or that the sanction given was not appropriate, staff shall restore or reinstate any denied or modified privileges or determine some form of appropriate relief, if available.(5) The appeal response shall be made available to the resident for review and a copy shall be retained in the resident's file.37 Tex. Admin. Code § 343.282
The provisions of this §343.282 adopted to be effective January 1, 2010, 34 TexReg 7095; Amended by Texas Register, Volume 40, Number 43, October 23, 2015, TexReg 7438, eff. 2/1/2016