(1) Notify the involved peace officer and agency head in writing. The notification shall specify the basis for the Executive Director's determination.

(2) In the event the immediate temporary suspension was based upon an arrest or indictment for a crime described in Government Code section 1029, the peace officer may, at any time during the pendency of an immediate temporary suspension, notify the executive director of the decision of the applicable prosecutorial body to not file charges within Government Code section 1029, and request that those facts be taken into consideration. The notification to the executive director shall include documentation of the prosecutorial body's decision not to file charges. Upon receipt of the notification, the executive director will consider the facts, evidence, and arguments provided in the request and shall withdraw the ITS if it is determined that continuing the suspension is no longer in the best interest of the health, safety, or welfare of the public. Such a notification must be served upon the Commission either by personal delivery on Commission headquarters or by mail. If an order of withdrawal is not issued by the executive director within 15 calendar days of the date of either personal service to the Commission or date of mailing of the notification, the request will be deemed denied.

(3) The Commission shall schedule all further required proceedings in accordance with the Bagley-Keene Open Meeting Act.