(a) If the MSU/SAU CEO disagrees with the DSHS Dangerousness Review Board's determination, then the CEO will refer the matter to the commissioner for resolution. The referral must be in writing and include the CEO's reason(s) for disagreeing with the determination and documentation supporting the reason(s). Transfer of the individual from the MSU/SAU is stayed pending resolution.
(b) The commissioner will resolve the disagreement by deciding whether or not the individual is manifestly dangerous. The commissioner will inform the MSU/SAU CEO of the decision within 21 days after receipt of the referral.
(c) If the individual, LAR, or treatment team member disagrees with the DSHS Dangerousness Review Board's determination, then he/she may request that the MSU/SAU CEO refer the matter to the commissioner for resolution. The request must be in writing and received by the CEO within five days after receipt of the written report as described in §415.305(j) of this title (relating to Procedures and Requirements for All Review Boards). The request must include the reason(s) for disagreeing with the determination and documentation supporting the reason(s). Upon receipt, the CEO will review the request and decide whether to refer the matter to the commissioner in accordance with subsection (a) of this section.

Source Note: The provisions of this §415.311 adopted to be effective July 17, 2002, 27 TexReg 6297; amended to be effective July 19, 2011, 36 TexReg 4567