1. (a) A person who is the subject of an employment termination report described in §217.7(e) of this chapter is entitled to file a petition contesting information included in the employment termination report. The petition for correction of the report must be filed with the executive director on a form currently prescribed by the commission and a copy must be served on the law enforcement agency.
2. (b) A petition described in subsection (a) of this section must be received by the executive director not later than the 30th day after the person receives a copy of the report of separation, and may be accompanied by any evidence offered by the person in support of the requested correction.
3. (c) The law enforcement agency may submit rebutting evidence not later than the 20th day after the agency receives a copy of the petition.
4. (d) Upon review of the petition the executive director will refer the dispute to SOAH.
5. (e) A proceeding conducted pursuant to subsection (d) of this section is a contested case under Chapter 2001, Government Code. The parties to the proceeding shall be the person contesting the employment termination and the chief administrative officer of the law enforcement agency. The Commission is not considered a party in a proceeding conducted by SOAH. The chief administrative officer of the law enforcement agency shall have the burden of proof by a preponderance of the evidence. Following the contested case hearing, the administrative law judge shall issue a final order on the petition.
6. (f) Any party to a proceeding described in subsection (e) of this section may file exceptions to the administrative law judge's final order in accordance with SOAH rules and procedures.
7. (g) The results of a hearing described in subsection (e) of this section are enforceable by the commission pursuant to Chapter 1701, Texas Occupations Code and Chapter 2001, Government Code.
8. (h) The results of a hearing described in subsection (e) of this section are appealable in accordance with Chapter 2001, Government Code.
9. (i) A chief administrative officer of a law enforcement agency who fails to comply with the results of a hearing described in subsection (e) of this section is subject to disciplinary action pursuant to Chapter 1701, Texas Occupations Code, and Chapter 223 of this title.
10. (j) The effective date of this section is October 28, 2010.

Source Note:The provisions of this §217.8 adopted to be effective June 1, 2006, 31 TexReg 2876; amended to be effective March 1, 2008, 33 TexReg 282; amended to be effective January 14, 2010, 34 TexReg 9477; amended to be effective October 28, 2010, 35 TexReg 9114.