1. (a) A person who is the subject of an employment termination report described in §217.7(g) 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 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, and must 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 and any rebutting evidence offered by the law enforcement agency, the executive director may either:

   1. (1) recommend that the commission order the chief administrative officer of the law enforcement agency to correct the report; or
   2. (2) refer the dispute to the State Office of Administrative Hearings.
5. (e) A proceeding conducted pursuant to subsection (d)(2) 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 report, the chief administrative officer of the law enforcement agency, and the executive director. 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 State Office of Administrative Hearings rules and procedures.
7. (g) A final order issued by the commission under subsection (d)(1) of this section, or after a hearing described in subsection (e) of this section is enforceable by the commission pursuant to Chapter 1701, Texas Occupations Code and Chapter 2001, Government Code.
8. (h) A final order issued by the commission under subsection (d)(1) of this section, or after a hearing described in subsection (e) of this section is appealable in accordance with Chapter 2001, Government Code.
9. (i) A chief administrative officer of a law enforcement agency who fails to comply with a final order issued by the commission under subsection (d)(1) of this section, or after 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 March 1, 2008.

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.