(a) The employee must file the Request for EMR Hearing no later than 30 calendar days from the date the employee receives the Notice of Finding.
(b) A Notice of Finding is presumed received by the employee on the date of delivery as indicated on the certified mail return receipt. If the certified envelope is returned unclaimed, but the first-class envelope is not returned, the Notice of Finding is presumed received on the third business day following the date the notice was mailed to the employee's last known address. A personally delivered Notice of Finding is presumed received on the date of delivery as indicated on the affidavit of the person delivering the notice.
(c) If the Request for EMR Hearing is submitted by mail, the envelope must be postmarked no later than 30 days after the date the employee received the Notice of Finding. If the Request for EMR Hearing is hand-delivered or submitted by fax, the request must be received in the appropriate DFPS office by 5:00 p.m., no later than 30 days from the date the employee received the Notice of Finding.
(d) If an employee files the Request for EMR Hearing after the deadline, DFPS notifies the employee that the request was not filed by the deadline, no EMR hearing will be granted, and the employee's name will be submitted for inclusion in the Employee Misconduct Registry.
(e) If an employee disputes the fact that the Request for EMR Hearing was filed late, the employee may file a request for a telephonic hearing, to be conducted by an administrative law judge, and limited solely to the issue of whether the Request for EMR Hearing was filed on time. If, as a result of that hearing, the employee proves that the original Request for EMR Hearing was filed on or before the deadline, a separate hearing will be scheduled as soon as possible on the issue of whether the employee committed reportable conduct.

Source Note: The provisions of this §705.1515 adopted to be effective February 1, 2021, 46 TexReg 317