SECTION 349.410. Administrative Review of Investigation Findings

(a) Any person named by the Texas Juvenile Justice Department (TJJD) as a designated perpetrator or administrative designee as a result of an investigation conducted under Chapter 350 of this title may request an administrative review of the investigation findings.

(b) The designated perpetrator or administrative designee must request the review in writing within 20 calendar days after receiving TJJD's written notice of the investigation findings.

(c) If civil or criminal proceedings related to an allegation that TJJD has investigated are pending when a designated perpetrator or administrative designee requests an administrative review, or if such proceedings are initiated before TJJD begins the review, TJJD may postpone the review until the proceedings are completed.

(d) The designated perpetrator or administrative designee has a right to:

(1) represent himself/herself or be represented by an authorized representative; and

(2) submit relevant evidence on his/her behalf.

(e) If TJJD chooses to interview a designated perpetrator or administrative designee who does not speak English or is hearing impaired, TJJD provides a certified translator or interpreter unless the designated perpetrator or administrative designee chooses to provide his/her own certified translator or interpreter. If the designated perpetrator or administrative designee chooses to provide his/her own certified translator or interpreter, the designated perpetrator or administrative designee is responsible for all translation or interpretation costs incurred in connection with the review.

(f) The administrative review is conducted by a staff attorney appointed by the TJJD general counsel. The staff attorney confirms or revises TJJD's original notice of the investigation findings based on the same policies applied by TJJD during the original investigation. Within 45 calendar days after receiving the request for review, TJJD notifies the designated perpetrator or administrative designee of the outcome of the review.

(g) If the administrative review results in changes to the original findings, TJJD must:

(1) enter the revised findings into the investigation record; and

(2) notify each person who was notified of the original findings that the findings have been revised.

Source Note: The provisions of this §349.410 adopted to be effective May 1, 2010, 35 TexReg 3289; amended to be effective April 11, 2013, 38 TexReg 2229; amended to be effective November 15, 2017, 42 TexReg 6381