Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 81. Administrative Provisions General 37 TAC sec.81.1 The Texas Youth Commission (TYC) adopts on an emergency basis the repeal of sec.81.1, concerning complaints from the public, employees, and youth. The section is being repealed on an emergency basis in order to adopt a new policy which will provide a complaint system as required by law. TYC will resolve complaints, including the Americans with Disabilities Act of 1990 (ADA) complaints, relative to the operation of, and services provided by, TYC. The repeal is adopted on an emergency basis under ADA (Public Law 101-336), which provides TYC with the authority to provide a complaint system. sec.81.1. Complaints from the Public. Issued in Austin, Texas, on August 28, 1992. TRD-9211845 Ron Jackson Executive Director Texas Youth Commission Effective date: September 1, 1992 Expiration date: December 30, 1992 For further information, please call: (512) 483-5244 The Texas Youth Commission (TYC) adopts on an emergency basis new sec.81.1, concerning complaints from the public, employees, and youth. The section is being adopted on an emergency basis to provide a complaint system as required by law. TYC will resolve complaints, including the Americans with Disabilities Act of 1990 (ADA) complaints, relative to the operation of, and services provided by, TYC. The new section is adopted on an emergency basis under ADA (Public Law 101- 336), which provides the TYC with the authority to provide a complaint system. sec.81.1. Complaints from the Public, Employees, and Youth. (a) Policy. Members of the public, employees, and youth are entitled to a timely and responsive resolution of a complaint. The Texas Youth Commission (TYC) complies with the Americans with Disabilities Act of 1990 (ADA) (Public Law 101-336). TYC will resolve complaints, including ADA complaints, relative to the operation of, and services provided by, TYC. Members of the public who wish to file a complaint, including one that alleges a violation of the ADA, may do so under the rules established by this policy. Complaints by TYC employees, including those which involve the ADA, are processed under the provisions of TYC Personnel Policy and Procedure Manual PRS.35.03, Employee Grievance Chapter. Complaints from youth, under TYC jurisdiction, including those alleging a violation of the ADA, are processed under General Operating Policy GOP.61.07, sec.89.7 of this title (relating to Youth Complaint Resolution System Terms and Rules). (b) Rules. (1) ADA compliance officer (ADACO). The executive director has appointed Mr. Gary Guenthner, or his successor, Director of Plant Operations and Development, P.O. Box 4260, 4900 North Lamar Boulevard, Austin, Texas 78756, (512) 483-5230, as the ADA compliance officer (ADACO) for TYC. (2) How to file an ADA complaint. Complaints may be filed either in writing or verbally. If the complaint is initially filed verbally, it must subsequently be reduced to writing and received by the ADACO not later than 15 calendar days after the ADACO was notified of the initial verbal filing. The complaint, in order to be timely filed, must be filed within 180 calendar days after the complainant became aware of, or should have become aware of, the alleged violation. Failure to timely file can result in the commission refusing to consider the complaint. (3) ADA complaint format. No particular format is prescribed for a complaint. However, concise and accurate information can be of immeasurable assistance in resolving the complaint. At a minimum the complaint should contain the following information: (A) name, address, and telephone number of person filing the complaint; (B) the nature of the complaint. A brief description of the circumstances surrounding the alleged violation to include location, names, and dates. (4) Where to file an ADA complaint. The complaint may be filed directly, either verbally or in writing, with the ADACO at the address in paragraph (l) of this subsection, or the complaint may be filed in writing with the superintendent of any TYC facility, or the director of any TYC regional office. That administrator will then immediately notify the ADACO and forward the written complaint to the ADACO within one working day from date of receipt of the complaint. (5) ADA complaint processing procedures. (A) ADACO and employee grievance administrator (EGA) responsibilities. Within five calendar days after the ADACO receives the written complaint the ADACO and the EGA will jointly identify the appropriate decision authority and establish a date the complainant is due receipt of the decision. As soon as possible after identification of the decision authority, the ADACO will notify the complainant of receipt of the complaint, the name of the TYC administrator appointed to resolve the complaint (decision authority), and the date a decision is due the complainant. (B) Decision authority's (DA) responsibilities. (i) Assignment. Immediately upon receipt of the complaint, the DA reviews it to ensure that he/she has the authority to act. If the DA does not have the authority to act, he/she will forward the complaint to the next level administrator who has the authority to act on the complaint. If the complaint is forwarded, the initial DA will immediately notify the ADACO and the EGA of the transfer. (ii) Time lines. The DA has 25 calendar days from date of receipt of the complaint to conduct an investigation, resolve the complaint, prepare a written decision, obtain a legal review of the decision, and notify the complainant in writing of the decision. If for good cause the DA requires additional time for investigation and resolution of the complaint, he/she will notify the ADACO, EGA, and the complainant of the reasons for the delay and provide a new estimated decision date. (iii) Investigation. The DA conducts the investigation or he/she may appoint an employee to conduct the investigation and provide the DA with non-binding recommendations. Prior to commencing the investigation, the person who will actually conduct the investigation (investigator) will review the complaint with the central office legal department and he/she will continue to periodically advise the legal department and the ADACO of the progress of the investigation. The investigator will permit the complainant and/or complainant's representative, and the investigator may, in his/her sole discretion, permit any other persons the investigator determines to have relevant information, to present matters on the complaint. There is no burden of proof on either the commission or the complainant. There are no rules of evidence applicable to the investigation. The DA is the sole judge of relevance, credibility of witnesses, and the weight to be afforded testimony and other relevant evidence. However, information determined by the DA to be factual should be supported by a preponderance of the evidence. (iv) Report of investigation. Upon completion of the investigation the DA will provide the complainant with a written decision on the complaint. If the decision is adverse to the complainant, the DA will include his/her reasons for the adverse decision. Prior to release of the written decision to the complainant, or any other person or entity, the DA will submit the proposed decision to the central office legal department for review. The legal department shall have five working days from receipt to review the proposed decision for legal sufficiency. If the legal department finds the decision to be for any reason legally insufficient, the decision will not be released to any one until such time as the deficiency has been corrected and the proposed decision has been found to be legally sufficient. (v) Decision distribution. After legal department approval, the DA will provide a copy of the decision to the complainant, the complainant's representative, if any, the ADACO, the EGA, and the director of the legal department. (6) Request for review of ADA complaint decision. (A) If the complainant is dissatisfied with the decision, he/she may, within 10 calendar days of the date of receipt of the decision, submit the written decision, and a written statement specifically outlining the reasons for disagreement, addressed to the executive director, TYC, at the address provided in paragraph (l) of this subsection, for review. (B) Upon receipt of the request for review, the executive director has 20 calendar days from date of receipt of the request for review to consider, resolve the issue, and notify the complainant in writing. Prior to releasing his/her decision, the executive director should, if the proposed decision is adverse to the complainant, submit the complaint record to the central office legal department for review and advise. If the executive director's decision is adverse to the complainant, the written notification need only state that the issue has been considered and that no valid reason has been found to warrant reversing the decision. (C) Distribution of the decision will be as established in paragraph (5)(B)(v) of this subsection. (D) The decision by the executive director finalizes the complaint process within TYC and exhausts the complainant's administrative remedies. (7) ADA complaint record repository. The ADACO is responsible for maintaining the files and records of all ADA complaints relative to TYC. Upon completion of processing the complaint, including any appeal, the original DA is responsible for ensuring that the original complaint, all correspondence, and any other relevant materials will be forwarded to the ADACO for filing. (8) How to file a complaint that does not involve an ADA violation. (A) Complaints must be filed in writing. In order to be timely filed, a complaint must be filed within 180 calendar days after the complainant became aware of, or should have become aware of, the circumstances the complainant believes constitutes a basis for complaint. Failure to timely file can result in the commission refusing to consider the complaint. (B) No particular format is prescribed for a complaint. However, concise and accurate information can be of immeasurable assistance in resolving the complaint. At a minimum the complaint should contain the following information: (i) name, address, and telephone number of person filing the complaint; (ii) the nature of the complaint and a brief description of the circumstances surrounding the complaint to include location, names, and dates. (9) Where to file a non-ADA complaint. The complaint may be filed with the administrator of a TYC field program or with the administrative assistant to the executive director in TYC's central office at the address in paragraph (1) of this subsection. (10) Non-ADA complaint processing procedures. A record of each complaint is maintained by the administrative assistant to the executive director. (A) The administrative assistant is notified of all complaints received and assigns each complaint to the most appropriate administrator for response. Resolution of complaint is attempted at the program level. (B) The administrator assigned resolution of a complaint: (i) attempts to resolve the complaint in a timely and effective manner; (ii) reports the status of resolution to the complainant at least quarterly until and including final disposition; (iii) sends copies of communications with the complainant to the administrative assistant to the executive director. Issued in Austin, Texas, on August 28, 1992. TRD-9211844 Ron Jackson Executive Director Texas Youth Commission Effective date: September 1, 1992 Expiration date: December 30, 1992 For further information, please call: (512) 483-5244