Section 651.307 - Investigative Panels(a) Panel procedure. After the Commission votes to conduct an investigation, for complex investigations, the Commission's presiding officer may nominate at least three members of the Commission to an Investigation Panel ("Panel") subject to the approval of a majority of a quorum of Commissioners.(b) Panel investigation. For investigations in which a Panel is created, the Panel initially must specify the focus of the investigation, communicate with the entities or individuals involved in the investigation, and collect any appropriate records. The Panel also may initiate contact with any governmental agency, individual, or entity to inquire about assistance in a full investigation. The Panel may: (1) collect and review appropriate documents as necessary;(2) conduct interviews with appropriate individuals;(3) issue notification of results or refer the case to a governmental or other relevant agency or accrediting body, pursuant to a written communication, memorandum of understanding, or other appropriate agreement between the agencies;(4) contract with a subject matter expert if needed; or(5) take such other action as appropriate.(c) All Panel meetings must be held in in-person meetings or by videoconference, in accordance with the Texas Open Meetings Act.(d) Investigations Facilitated by Staff. For investigations in which an Investigative Panel is deemed unnecessary, the Commission must instruct staff to conduct the investigation, which must include the same activities described in §651.307(b).(e) Referral of investigative cases to the Office of Capital and Forensic Writs. The Commission may review and refer cases that are the subject of an investigation under § 651.301(a) or (b) of this subchapter to the Office of Capital and Forensic Writs in accordance with Section 78.054(b), Government Code.(1) General procedure for referral to the Office of Capital and Forensic Writs. A majority of a quorum of Commissioners may recommend referral of a case accepted for investigation by the Commission under § 651.301(a) or (b) of this subchapter (relating to Purpose) to the Office of Capital and Forensic Writs.(2) Written referral and corresponding documents. The Commission Presiding Officer or Designee must provide each recommended case referral in writing, including all documents in the Commission's possession related to the case and any investigative report issued, to the Office of Capital and Forensic Writs Director or Designee for determination regarding potential legal representation no later than ten (10) business days from the date the Commission recommends referral.37 Tex. Admin. Code § 651.307
Adopted by Texas Register, Volume 43, Number 04, January 26, 2018, TexReg 0473, eff. 1/30/2018; Amended by Texas Register, Volume 45, Number 14, April 3, 2020, TexReg 2320, eff. 4/5/2020; Amended by Texas Register, Volume 49, Number 07, February 16, 2024, TexReg 0878, eff. 2/25/2024