(a) If a board by unanimous vote of its remaining members has removed a board member pursuant to Water Code, §49.052(g), that board member may submit a written appeal to the executive director within 30 days after receiving written notice of the board action. The commission may reinstate a removed director if the commission finds that the removal was unwarranted under the circumstances, including the reasons for absences, the time and place of the meetings missed, the business conducted at the meetings missed, and any other facts or circumstances the commission may deem relevant.
(b) A removed board member desiring to appeal the decision of the district's board of directors shall submit an application to the executive director. The application shall consist of the following:
  (1) a written request by the removed board member requesting commission review;
  (2) an application fee of $100;
  (3) copies of the district's board meeting minutes for the 12 months prior to the date of the board member's removal;
  (4) a statement as to why the removed board member believes that his/her removal was unwarranted, along with supporting documentation to support the statement, including the reasons for absences, the time and place of the meetings missed, the business conducted at the meetings missed, and any other relevant facts or circumstances; and
  (5) such other information which the commission considers material to a determination of whether the removed board member should be reinstated as a director of the district or the district's actions in removing the board member were warranted and reasonable.
(c) The executive director will examine the application and the facts and circumstances contained therein and will prepare a written report which will be submitted to the commission. A copy of the report will be mailed to the removed board member, the directors of the district, the district's official address and any other interested parties, including the district's attorney, if known.
(d) After consideration, the commission will determine whether the removed board member will or will not be reinstated. The commission will enter the appropriate order, either reinstating the applicant to the district's board of directors or confirming the board's decision to remove the board member.

Source Note: The provisions of this §293.35 adopted to be effective October 22, 1996, 21 TexReg 9905.