1. (a) Notice and service in a contested case must comply with §2001.052, Government Code, and any relevant administrative rules adopted by SOAH.
2. (b) Preliminary notice of a certification action must be in writing and personally delivered to the respondent or sent via certified mail, return receipt requested, and regular mail to the respondent at the most recent address on file with TJJD.
3. (c) A document sent by regular or certified mail is presumed received no later than three days after mailing. Service is presumed effected if the wrapper containing the document is not returned to TJJD.
4. (d) If notice is not effected at the address on record with TJJD, TJJD may use any reasonable resources to locate an accurate address and may effectuate service there, following this section.
5. (e) Service may be made by publication or any other alternate legal means, if necessary.

6. (f) If TJJD seeks to take any certification action, other than written reprimand for a certified officer, TJJD shall provide the respondent with written notice that includes:

   1. (1) the name of the respondent;
   2. (2) the certification number if the respondent is a certified officer;
   3. (3) a short, plain statement of the facts or conduct alleged to warrant certification action;
   4. (4) a statement of the legal authority and jurisdiction under which the action is to be taken;
   5. (5) a reference to the particular sections of statute, administrative rule, or policy that the respondent officer is alleged to have violated;
   6. (6) a description of the certification action TJJD is recommending be imposed; and
   7. (7) an invitation for the respondent to show compliance with all requirements of the law for retention of the certification or eligibility for the certification.

7. (g) The notice shall also include language in 12-point, boldface type that provides the respondent with notice that:

   1. (1) failure to file a written answer to this notification within 20 days may result in the Texas Juvenile Justice Board taking a default order;
   2. (2) the written answer must include an admission or denial of each and every allegation included in the petition and must include any other matter, whether of law or fact, upon which respondent intends to rely for defense;
   3. (3) a failure to admit or deny each allegation will result in the allegation being deemed true and may result in a default order;
   4. (4) a default order means the Board will find the allegations in the attached petition to be true and will grant the action requested in the attached petition.

Source Note:The provisions of this §349.320 adopted to be effective September 1, 2025, 50 TexReg 2616.