1. (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.
2. (b) The designated perpetrator or administrative designee shall request the review in writing within 20 calendar days after receiving TJJD's written notice of the investigation findings.
3. (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.

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

   1. (1) represent himself/herself or be represented by an authorized representative; and
   2. (2) submit relevant evidence on his/her behalf.
5. (e) If TJJD chooses to interview a designated perpetrator or administrative designee who does not speak English or is hearing impaired, TJJD shall provide 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, he/she will be responsible for all costs incurred in connection with the review.
6. (f) The administrative review shall be conducted by a staff attorney appointed by the TJJD general counsel. The staff attorney shall confirm or revise 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 shall notify the designated perpetrator or administrative designee of the outcome of the review.
7. (g) An administrative designee may appeal the findings of the administrative review to the State Office of Administrative Hearings (SOAH). To file such an appeal, the administrative designee must submit a written request to TJJD within 20 calendar days after the date TJJD mailed the findings of the administrative review to the administrative designee. A designated perpetrator may appeal the findings of the administrative review to SOAH only in conjunction with discipline issued by TJJD.

8. (h) If the administrative review or SOAH hearing results in changes to the original findings, TJJD staff must:

   1. (1) enter the revised findings into the investigation record; and
   2. (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.