1. (a) Any person to whom the Commission assigns the role of designated perpetrator or administrative designee may request an administrative review of the Commission's disposition of such role.
2. (b) The designated perpetrator or administrative designee shall request the review in writing within 45 calendar days after receiving the Commission's written notice of disposition.
3. (c) If civil or criminal proceedings related to an allegation that the Commission has investigated are pending when a designated perpetrator or administrative designee requests an administrative review, or if such proceedings are initiated before the Commission begins the review, the Commission may postpone the review until the proceedings are completed.

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

   1. (1) appear in person at the review;
   2. (2) represent himself/herself or be represented by an authorized representative; and
   3. (3) submit relevant evidence on his/her behalf.
5. (e) If the designated perpetrator or administrative designee does not speak English or is hearing impaired, the Commission shall provide a certified translator or interpreter unless the designated perpetrator or administrative designee chooses to provide his/her own certified translator or interpreter.
6. (f) If the designated perpetrator or administrative designee chooses to provide his/her own certified translator or interpreter, he/she will be responsible for all costs incurred in connection with the review.
7. (g) The administrative review shall be conducted by a Commission hearing examiner. The hearing examiner shall confirm or revise the Commission's original notice of disposition based on the same policies applied by the Commission during the original investigation. Within 30 calendar days after completing the review, the hearing examiner shall notify the designated perpetrator or administrative designee of the outcome of the review.
8. (h) The hearing examiner's notification must inform the designated perpetrator or administrative designee that if he/she is dissatisfied with the hearing examiner's decision, he/she must notify the Commission in writing within 20 days after receiving notice of the decision in order to request that the decision be appealed to SOAH.

9. (i) If the hearing examiner or SOAH revises the Commission's original findings or advises the Commission to take any other action(s) in the case, the Commission must:

   1. (1) enter the revised findings into the investigation record;
   2. (2) notify each person who was notified of the original findings that the findings have been revised; and
   3. (3) take any other action specified by the reviewer.

Source Note:The provisions of this §349.410 adopted to be effective May 1, 2010, 35 TexReg 3289.