Section 349.300 - Requests for Disciplinary Action(a) Department, Facility or Juvenile Board Requests. (1) Code of Ethics Violations. The chief administrative officer, facility administrator or juvenile board shall forward a copy of an internal investigation based upon a code of ethics violation to the Commission. The internal investigation shall serve as a request for disciplinary action. At the time the chief administrative officer or facility administrator makes the request for disciplinary action, the chief administrative officer or facility administrator shall simultaneously notify in writing the juvenile board.(2) Criminal Conduct. The chief administrative officer, facility administrator or the juvenile board shall submit a written request for disciplinary action to the Commission within 10 working days after obtaining notice that a Certified Officer has been convicted of or received deferred adjudication for any offense listed under § 344.400 of this title. A request for waiver or variance under § 349.200 of this chapter may not be requested for this section unless the certified officer, chief administrative officer or facility administrator received a pardon.(b) Public Requests. (1) Code of Ethics Violations. In the event the Commission receives notice in any manner from a member of the public that a Certified Officer has violated the code of ethics, the Commission shall notify in writing the local juvenile board and, provided the alleged violation does not involve the chief administrative officer or facility administrator, shall also notify in writing the chief administrative officer or facility administrator. The Commission shall provide this notice to the chief administrative officer or facility administrator no later than three (3) working days from receipt of the report of an alleged violation. Upon receipt of notification from the Commission, the chief administrative officer, facility administrator or the juvenile board shall conduct an internal investigation, which shall be forwarded to the Commission upon completion.(2) Criminal Conduct. In the event the Commission receives notice from a member of the public that a Certified Officer has been convicted of or received deferred adjudication for any offense listed under § 344.400 of this title, the Commission shall notify in writing the local juvenile board and, provided the alleged violation does not involve the chief administrative officer or facility administrator, shall also notify in writing the chief administrative officer or facility administrator. Upon receiving notice from the Commission, the facility administrator, chief administrative officer or juvenile board shall investigate and, if disqualifying criminal history exists, shall request disciplinary action in accordance with subsection (a)(2) of this section.37 Tex. Admin. Code § 349.300
The provisions of this §349.300 adopted to be effective May 1, 2010, 35 TexReg 3289; amended to be effective July 1, 2011, 36 TexReg 3603