SECTION 70.204. Procedure for Requesting Criminal Enforcement Review

(a) The peace officer requesting criminal enforcement review under this section shall submit to the executive director a written request for review that is clearly marked "For Law Enforcement Use Only." The request shall include the legal name of the alleged violator and a report describing the facts and circumstances of the alleged criminal environmental violation.

(b) The requesting officer may also include any additional information that the requesting officer determines is relevant to the criminal enforcement review request, in accordance with §70.206 of this title (relating to Factors Considered in the Criminal Enforcement Review Process), and an explanation as to the reason criminal enforcement of the violation is the most appropriate action, rather than administrative or civil enforcement.

(c) Any criminal enforcement review documentation that is submitted under this section will remain the property of the submitting law enforcement agency and the records will be returned upon completion of the criminal enforcement review.

Source Note: The provisions of this §70.204 adopted to be effective August 4, 2004, 29 TexReg 7442