(a) Right to Contest Adverse Proposals.
  (1) If TDCJ-CJAD (hereinafter referred to as the division) proposes to deny, revoke, or suspend the certification of a CSO or to reprimand such officer shall be entitled to notice and a hearing before the division or a hearings examiner appointed by the division. Hearings before a hearings examiner shall be conducted pursuant to the procedures set forth in subsection (h) of this section.
  (2) If the division proposes the reduction, refusal, or suspension of payment of state aid, not including the refusal to provide or a reduction of discretionary grant funding other than funds suspended or reduced during a funding cycle, or intends to impose budget control over a CSCD (hereinafter referred to as the department), the department shall be provided with a notice and offered a hearing.
(b) Notice of Proposed Action.
  (1) The division shall issue a written notice that:
    (A) defines specifically the alleged conduct that constitutes substantial noncompliance with division standards or requirements;
    (B) indicates the proposed action to be taken in the matter;
    (C) provides a succinct statement of the reasons for the proposed action;
    (D) makes reference to the particular sections of the statutes, standards, and rules involved; and,
    (E) informs the supervision officer or department of the right to request a hearing.
  (2) The notice must be signed by the TDCJ-CJAD director and sent by registered or certified mail, return receipt requested and postage prepaid. If the proposed action is against a CSO, then the notice must be sent to the individual with a copy forwarded to the director of the department.
(c) Request for Further Hearing Before the Judicial Advisory Council. A department or CSO who received written notice of the division's proposed adverse action may after the conclusion and results of the hearing before the Division or Hearings Examiner provided under subsection (a) of this section, request a further hearing to contest the matter before the Judicial Advisory Council (JAC).
  (1) Within 15 working days (for purposes of this section, the term days refers to business days other than weekends or holidays) of the receipt of the written notice of the results of the hearing before the Division or Hearings Examiner, the respondent CSO or department must submit in writing a request for a further hearing before the JAC to the division director and the chairperson of the JAC.
  (2) The request for further hearing before the JAC must include a succinct statement of the grounds upon which the proposed action is contested and all grounds upon which the effected individual or department refutes the basis of the proposed action and any results from the initial hearing before the Division or Hearings Examiner.
  (3) The JAC shall offer the affected CSO or department an opportunity to be heard at the next regularly scheduled meeting of the JAC held immediately after receipt of the request for hearing. If no meeting is scheduled within 60 days of the receipt of the request for further hearing before the JAC, then the chairperson shall schedule a specially-called meeting to be held no later than 60 days from the receipt of the applicable request for further hearing before the JAC.
  (4) The chairperson shall cause a written notice to be issued to the affected CSO or department informing the party of:
    (A) the time, date, and location of the hearing;
    (B) the legal authority and jurisdiction under which the hearing is to be held; and
    (C) the manner in which the hearing will be conducted. Notice shall be sent by registered or certified mail, return receipt requested, not less than 10 days prior to the hearing.
(d) The Division and the Affected Party Shall Each Be Given Thirty Minutes to Present Their Respective Sides. Testimony may be given orally under oath or through a prepared written statement or affidavit as acknowledged before a notary public. No more than three witnesses per side shall testify. However, upon the request of either party made prior to the hearing and at the discretion of the chairperson, the time for making a presentation and the number of witnesses needed to testify may be increased.
(e) At the Conclusion of the Hearing Before the JAC, the Members of the JAC Shall Vote Whether to Recommend that the Division's Proposed Adverse Action be Withdrawn, Modified, or Affirmed. Within 10 days of the recommended vote of the JAC, the TDCJ-CJAD director shall notify the officer, department director, and/or administrative judge concerning whether or not the director concurs with the recommendation of the JAC. Notice shall be made in writing and sent by registered or certified mail, return receipt requested in accordance with subsection (b)(2) of this section.
(f) Failure to Request a Hearing Before the JAC Waives any Further Appeal to the Texas Board of Criminal Justice.
(g) Request for Hearing Before the Texas Board of Criminal Justice. Except as provided in subsection (f) of this section and paragraph (2) of this subsection a department or supervision officer may contest a final proposed action of the division director before the Texas Board of Criminal Justice.
  (1) Within 15 days of the receipt of the written notice of the final proposed action of the division director, the affected officer or department must submit in writing to the Chairperson of the Texas Board of Criminal Justice with a copy forwarded to the division director a request for hearing before the Board.
  (2) Failure to submit the request for hearing within the specified time period waives any future appeal before the Board.
  (3) Within 20 days of receipt of the request for hearing, the general counsel of the Texas Department of Criminal Justice or his designee shall file with the State Office of Administrative Hearings a request for assignment of administrative law judge. Said request shall be accompanied with a complaint containing the same information as required under subsectin (b)(1)(A) - (E) of this section and also including a statement of the recommendation of the JAC and the division director's final proposed action. Said request shall also be accompanied with a written statement of applicable rules or policies of the division and agency. The complaint shall designate the parties in this contested matter. The affected officer or department who is appealing the proposed adverse action of the TDCJ-CJAD director shall be designated as the petitioner. The division shall be designated as the respondent. Said request and complaint shall be sent to the officer, department director and/or administrative judge by registered or certified mail, return receipt requested and postage prepaid.
  (4) Division Representative. The general counsel of the Texas Department of Criminal Justice or his/her designee shall represent the division. The general counsel has authority over the manner and substance of the presentation of the division's case.
  (5) Representation for Petitioner. Any petitioner may appear and be represented by an attorney at law authorized to practice law in the State of Texas. The petitioner may appear on his own behalf or appearance may be made by his duly authorized representative.
  (6) Within 20 days of the receipt of the complaint the petitioner shall cause a response to be served on the division. The response shall specify which particulars of the complaint that the petitioner contests. In addition, the petitioner shall include any other defense and/or supporting factual statement in his response which was not previously raised by written pleading in the prior hearing. Said response shall be sent by certified mail, return receipt requested to the general counsel or his designee and to the clerk of the administrative law judge in accordance with subsection (h)(8)(A) of this section.
(h) Administrative Hearing Procedures.
  (1) Notice of Hearing. The petitioner and other parties shall be given no less than 10 days notice of any scheduled hearing. Notice shall be sent by registered or certified mail, return receipt requested.
  (2) Motions for Consideration.
    (A) All motions for consideration must be filed with the clerk of the administrative law judge no fewer than five days prior to the date in which the matter is scheduled to be heard.
    (B) Any motion relating to a pending proceeding, unless made during a hearing, must be in writing and must specify the desired relief, the reason, and basis for this relief. If based upon matters which do not appear on record, it must be supported by affidavit.
Cont'd...