Important Update for Certified Officers:
Disciplinary Hearings Transferred to the State Office of Administrative Hearings

Disciplinary Hearings Transferred to the State Office of Administrative Hearings House Bill 3689, which became effective on June 19, 2009, amends various Texas Human Resources Code provisions relating to the Texas Juvenile Probation Commission and requires, in part, that all disciplinary hearings wherein the Commission seeks to suspend or revoke an officer’s certification, including those cases that were pending at the time the bill became effective, shall be transferred to the State Office of Administrative Hearings (SOAH) in Austin, Texas. The certified officer will be given notice of all hearing settings and will be entitled to attend the hearing at SOAH and present any evidence related to his/her case. An administrative law judge at SOAH, who is not in any way associated with the Commission, will preside over the case and issue a Proposal for Decision that will ultimately be presented to the Board of the Texas Juvenile Probation Commission for final approval.

With the passage of House Bill 3689, the Commission’s administrative rules relating to disciplinary hearings contained in Title 37 Texas Administrative Code Section 349.21 et seq. are no longer effective. The Administrative Procedure Act (Texas Government Code, Chapter 2001), which is the law that governs hearings conducted at SOAH, and SOAH’s procedural rules can be viewed via the “Helpful Links on Other Sites” section on SOAH’s website at www.soah.state.tx.us.

Certified officers should be aware that their certification may be suspended or revoked as a result of a SOAH hearing regardless of whether the certified officer chooses to attend the hearing and present evidence on his/her behalf. To ensure receipt of important notifications from the Commission and/or SOAH, it is critical that officers notify the Commission’s certification officer at (512) 424-6700 to update their address information.

If you have any questions relating to the disciplinary hearing process and/or a specific pending case, please contact the Commission’s enforcement attorney at (512) 424-6700.

Texas Juvenile Law, 7th Edition

The much anticipated updated version of Texas Juvenile Law is soon to be released. This book is a complete reference source for Texas juvenile justice personnel and reflects juvenile justice reforms made by the 80th Texas Legislature in 2007. Volume I contains chapters regarding the Juvenile Justice Information System, Juvenile Files and Records, Determinate Sentencing, Juvenile Procedures in Justice and Municipal Courts, Recent Appellate Court Decisions in Juvenile Cases, School Related Issues, Progressive Sanctions, Chapter 55, Parental Rights and Responsibilities and much, much more. Volume II contains all pertinent statutes affecting the juvenile justice system. Click here to order now.