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COMPLAINT PROCEDURES

Complaint Procedures

Overview | Jurisdictional  Complaints | Compact With Texas

The Commission (TCLEOSE) has no direct authority to investigate complaints  against law enforcement officers or agencies except and unless a violation  of law or rule occurs related to licensing, training, certification,  appointment, or other related standards, or upon conviction of or placement on  court-ordered supervision or probation for a covered criminal offense. Examples of  non-jurisdictional complaints include rudeness, unprofessional conduct, and  improper investigations. For non-jurisdictional matters, please direct your  complaint to the agency holding the licensee's appointment. If you believe  your complaint has been unanswered or handled improperly at the departmental  level, you may contact the governing body that oversees the agency, such as  the city manager, the school board, or the county commissioner's  court.

If the matter involves an allegation of criminal misconduct, you may also  direct your concerns with the office of the county or district attorney  and/or the Department of Public Safety-Office of the Texas Rangers. If there are allegations of civil  rights violations, the Federal Bureau of  Investigation may conduct its own investigation.

You may also wish to discuss this matter with a private attorney. The  Lawyer Referral Service of the State Bar of Texas can assist you in contacting  an attorney in Texas with relevant expertise. The Lawyer Referral Service can  be reached at (800) 252-9690.

A jurisdictional complaint for which the Commission may investigate  includes violations of law or rules that relate to the licensing, training,  certification, appointment of a license holder, or the conviction or placement on  deferred adjudication of a license holder for a covered criminal offense. An  example of a jurisdictional complaint includes the following:

Example: Officer Smith was arrested for driving while intoxicated. This  is a jurisdictional complaint because conviction or placement on deferred  adjudication for driving while intoxicated is a covered criminal offense (Class  B Misdemeanor) for which the Commission may take action on the commissioned  issued peace officer license.

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Jurisdictional Complaints | Compact With Texas | Overview

The Commission (TCLEOSE) has no direct authority to investigate complaints  against law enforcement officers or agencies except and unless a violation  of law or rule occurs related to licensing, training, certification,  appointment, or other related standards, or upon conviction of or placement on  court-ordered supervision or probation for a covered criminal offense.

Anyone may register a complaint against an individual licensed by the  Commission. Complaints are reviewed by Commission investigators who are licensed  peace officers. If sufficient information and evidence are obtained during  a preliminary investigation (PI) to indicate there has been a violation of Chapter 1701, Texas Occupations Code, Commission rules, or a violation of law  related to licensing, training, certification, or appointment, a full field  investigation (FI)may be opened. The FI will be assigned to a Commission  investigator for further investigation.

In instances involving a licensee convicted or placed on deferred  adjudication for a covered criminal offense, the investigator will request certified  court records from the applicable court depicting the final disposition for  the criminaloffense. If the final disposition reflects a conviction or  placement on deferred adjudication for a covered offense, the investigator will  forward the matter to the Commission's legal division for possible  disciplinary action. Depending onthe nature of the offense and the court's final  disposition, a licensee may be subject to license revocation, suspension, or  reprimand. For further information on disciplinary actions, please see Commission Rules.

Commission action to suspend or revoke a license is a contested case as  defined by Chapter 2001, Texas Government Code. As required by chapter 2001,  Texas Government Code and Commission rules, the Commission will file a  petition and provide notice to the licensee of the Commission's intended  disciplinary action. The licensee is entitled to file an answer and request a  hearing before an Administrative Law Judge (ALJ) in the State Office of  Administrative Hearings (SOAH). Following a hearing at SOAH, the ALJ will issue a  Proposal for Final Decision (PFD) that is presented to the full Board of  Commissioners (Board) at one of four quarterly meetings held each year. The Board  may then vote to adopt the PFD or issue a different order as appropriate.

Should the FI involve criminal allegations related to the Commission's  jurisdiction, a Commission investigator will complete a thorough  investigation into the allegations and if sufficient evidence is developed and upon  approval of the Executive Director, the FI may be referred to an appropriate  county/district attorney's office for further action, or the Commission may  proceed with disciplinary action on the subject's license as  appropriate.

Should you wish to proceed with filing a complaint against a licensee, please complete a “Complaint Form”.