SECTION 5.4216. Appraisal Process - Removal of Umpire from Roster

(a) Voluntary removal. An umpire may request removal from the roster at any time. The umpire must submit the request under §5.4251 of this title (relating to Requests and Submissions to the Department).

(b) Removal by department. The department may, in its sole discretion, remove an umpire from the umpire roster for:

(1) alleged dishonest, incompetent, fraudulent, or unethical behavior;

(2) alleged failure to respond promptly and completely to requests from the department and where the actions or failure to act are counter to the purpose of the appraisal;

(3) a disciplinary action by any other agency or disciplinary authority against the umpire, regardless of whether the agency or disciplinary authority's regulation relates to the appraisal;

(4) conviction of, or accepting deferred adjudication for, a crime under state or federal law;

(5) a disqualifying conflict of interest listed in §5.4214 of this title (relating to Appraisal Process - Umpire Qualifications and Conflicts of Interest);

(6) failure to comply with any requirement of this title; or

(7) other factors relevant to the umpire's qualifications, conflicts of interest, or performance.

Source Note: The provisions of this §5.4216 adopted to be effective February 14, 2013, 38 TexReg 653