Sec. 1701.4525. PETITION FOR CORRECTION OF REPORT; HEARING; ADMINISTRATIVE PENALTY

(a) A person who is the subject of an employment termination report maintained by the commission under this subchapter may contest information contained in the report by submitting to the law enforcement agency and to the commission a written petition on a form prescribed by the commission for a correction of the report not later than the 30th day after the date the person receives a copy of the report. On receipt of the petition, the commission shall refer the petition to the State Office of Administrative Hearings.

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. 6, eff. September 1, 2011.

(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. 6, eff. September 1, 2011.

(d) A proceeding to contest information in an employment termination report is a contested case under Chapter 2001, Government Code.

(e) In a proceeding to contest information in an employment termination report for a report based on alleged misconduct, an administrative law judge shall determine if the alleged misconduct occurred by a preponderance of the evidence regardless of whether the person who is the subject of the report was terminated or the person resigned, retired, or separated in lieu of termination. If the alleged misconduct is not supported by a preponderance of the evidence, the administrative law judge shall order the report to be changed.

(e-1) The commission may assess an administrative penalty against an agency head who fails to make a correction to an employment termination report following an order by the State Office of Administrative Hearings after all appeals available to the agency head have been exhausted.

(f) The commission shall adopt rules for the administration of this section.

(g) The commission is not considered a party in a proceeding conducted by the State Office of Administrative Hearings under this section.

Added by Acts 2005, 79th Leg., Ch. 1298 , Sec. 3, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1068 , Sec. 4, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1172 , Sec. 20, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 399 , Sec. 2, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 399 , Sec. 3, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 399 , Sec. 6, eff. September 1, 2011.