Private Security Hearings

"Summary" Actions vs. Administrative Actions

Summary actions, which involve immediate action against an application or license based on a prohibitive criminal history, entitle the applicant or license holder to a Preliminary Hearing. At the request of the applicant or license holder, the result of the Preliminary Hearing may be appealed to the State Office of Administrative Hearings (“SOAH”). All other actions, i.e., those based on administrative violations or non-criminal disqualifiers, are taken directly to the State Office of Administrative Hearings, without a preliminary hearing.

The Preliminary Hearing

For cases in which summary action has been taken (summary denials, suspensions or revocations based on criminal history disqualifiers), the preliminary hearing is your first formal opportunity to present evidence to DPS, and to explain the circumstances that are the basis for DPS’ initial determination. This hearing is conducted by a hearings officer, by telephone. You may represent yourself, or you may be represented by an attorney. You may present witnesses or other evidence to support your case. You may request a preliminary hearing by sending a written request to the address below by mail or by fax within thirty (30) calendar days of receipt of the summary action notice letter. Your written request must include your full name, the phone number you wish to use for the hearing, a current address, your social security number, and the administrative case number listed on your letter.

Mail or Fax to:  Texas Department of Public Safety
                          Regulatory Services Division MSC 0246
                          P.O. Box 4087
                          Austin, Texas 78773-0001
                          Fax: (512) 424-7725

Those considering the appeal of a summary action are encouraged to review Private Security Administrative Rule 35.4 and the list of disqualifying offenses therein, as well as Texas Occupations Code, Chapter 53. If the offense on which the summary action is based is listed as an offense that is directly related to the duties and responsibilities of those who are licensed under the Private Security Act, you should submit for DPS’ consideration any evidence of your fitness to perform the duties and discharge the responsibilities of the licensed occupation, including:

In addition to the above documentation, you must furnish proof that you have:

The failure to provide the above information in a timely manner may result in a ruling against you by the hearings officer.

It is very important DPS have copies of your documents before the hearing. The documents may not be used if they are not provided in enough time before the hearing begins. Before your scheduled hearing, you should mail or fax a copy of all of the papers you want to use to DPS.

Following the hearing, DPS will issue a written decision. If you disagree with the decision, you may appeal it by filing a written request within fifteen (15) calendar days from the date the decision was mailed to you. The appeal deadline is printed on the coversheet of your decision.

Hearing Before The State Office Of Administrative Hearings

An appeal of DPS’ determination following a preliminary hearing, or an appeal of an administrative penalty, is heard by an Administrative Law Judge at SOAH. The rules and procedures governing this hearing are available online at http://www.soah.state.tx.us/. This hearing is subject to the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001. You may represent yourself or be represented by an attorney; you may call witnesses; and you may present evidence. You may request a SOAH hearing by sending a written request to address below by mail or by fax within fifteen (15) calendar days following the date of the determination letter. Your written request must include your full name, a current address, your social security number, and the administrative case number listed on your letter.

Mail or Fax to:  Texas Department of Public Safety
                          Regulatory Services Division MSC 0246
                          P.O. Box 4087
                          Austin, Texas 78773-0001
                          Fax: (512) 424-7725

The SOAH judge’s ruling (a “Proposal for Decision”) is issued within 60 days of the hearing. Exceptions to the decision may be filed by either party. The final Proposal for Decision is reviewed and heard by the Private Security Board.

Hearing Before the Private Security Board

The hearing before the Private Security Board on a Proposal for Decision (“PFD”) is set by DPS staff, at the next available public meeting following the issuance of the PFD. You will receive notice at least 10 days before the meeting. You may represent yourself or be represented by an attorney. In general, the Board cannot consider evidence or testimony, but will hear legal argument only.

Hearings On Denials Based On Sex Offender Registration

In cases in which a new or renewal application has been denied solely on the basis of the applicant’s status as a registered sex offender, the applicant can waive the right to an appeal hearing before the State Office of Administrative Hearings, and instead appear before the Private Security Board, at one of its quarterly public meetings. Such a hearing may be requested by submitting a written request to:

Mail or Fax to:  Texas Department of Public Safety
                          Regulatory Services Division MSC 0246
                          P.O. Box 4087
                          Austin, Texas 78773-0001
                          Fax: (512) 424-7725

This hearing is also subject to the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001.  Accordingly, you may represent yourself or be represented by an attorney; you may call witnesses, and you may present evidence to the Private Security Board, to explain the circumstances that are the basis for DPS’ denial of your application. 

Rev. 9.30.14