(a) The FMSA must, if the employer requests to appoint
a person who is not a relative as DR, use the information provided
by the employer on the Appointment of Designated Representative form
(Form 1720) to:
(1) obtain the criminal history information directly
from the Texas Department of Public Safety's (DPS) public online criminal
history website; and
(2) notify the employer, using Form 1720, if the DR
has been convicted of an offense included in Texas Health and Safety
Code (THSC), §250.006(a), or has been convicted of an offense
included in THSC, §250.006(b) within the previous five years
and cannot be appointed as DR.
(b) An FMSA must maintain the following documentation
regarding an employer's DR:
(1) Form 1720, Appointment of a Designated Representative,
for:
(A) initial designations; and
(B) any change to an appointment of a DR; and
(2) Form 1721, Revocation of Representative, if the
employer elects to revoke the appointment of a DR.
(c) An FMSA must communicate with and accept direction
from the employer's DR to the extent delegated by the employer on
Form 1720.
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