(a) Recurrence as grounds for termination. An employee will be terminated on the need to be mandatorily referred to the EAP a second time. A second referral after a break in service will be treated as if there had been no break in service.
(b) Exceptions. It is not considered a mandatory referral within the meaning of this section if:
  (1) an employee is assessed by the EAP counselors as not needing assistance in resolving problems associated with alcohol or drug use on a first mandatory referral; or
  (2) an employee is referred for an alcohol- or drug-related driving offense.
(c) Effect of pre-1999 referrals. An employee will be terminated from the department if the employee received and completed one or two mandatory referrals before January 1, 1999, and that employee becomes subject to mandatory referral for a third time.

Source Note: The provisions of this §4.42 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective January 1, 2009, 33 TexReg 10053