Following submission of the information required by §70.204 of this title (relating to Procedure for Requesting Criminal Enforcement Review), the executive director shall determine whether the request contains the required information necessary to conduct a criminal enforcement review.

(1) If the executive director determines that the request is administratively complete by meeting the requirements in §70.204 of this title, the executive director shall, based on the information provided by the requesting peace officer, within 45 days of receiving the request: (A) determine whether an alleged environmental violation exists; (B) determine whether administrative or civil remedies would adequately and appropriately address the alleged violation or whether the alleged violation would be more appropriately addressed by criminal enforcement; and (C) notify the referring peace officer in writing, of the determination as to whether an alleged criminal violation exists and whether civil or administrative remedies are adequate to address the alleged environmental violation or recommend criminal prosecution.

(2) If the executive director determines that the criminal enforcement review request is not administratively complete, the executive director shall notify the requesting peace officer in writing within ten days of receipt of the request. The notification will specify the deficiencies and identify the information necessary for the executive director to make the required determination.

(3) If the executive director does not make a determination within 45 days of receiving the request, an appropriate prosecuting attorney may bring an action for criminal prosecution, and the state is not entitled to receive any part of the amount recovered through a prosecution brought by that prosecuting attorney.

Source Note: The provisions of this §70.205 adopted to be effective August 4, 2004, 29 TexReg 7442