| (a) Procedures for inspection of public records will
be in accordance with the Texas Government Code, Chapter 552, and
as further described in this section.
(b) DADS' Regulatory Services Division is responsible
for the maintenance and release of records on licensed facilities,
and other related records.
(c) The application for inspection of public records
is subject to the following criteria.
(1) The application must be made to Regulatory Services,
Texas Department of Aging and Disability Services, Mail Code E-349,
P.O. Box 149030, Austin, Texas 78714-9030.
(2) The requester must identify himself.
(3) The requester must give reasonable prior notice
of the time for inspection and/or copying of records.
(4) The requester must specify the records requested.
(5) On written applications, if DADS is unable to ascertain
the records being requested, DADS may return the written application
to the requester for clarification.
(6) DADS will provide the requested records as soon
as possible; however, if the records are in active use, or in storage,
or time is needed for proper de-identification or preparation of the
records for inspection, DADS will so advise the requester and set
an hour and date within a reasonable time when the records will be
available.
(d) Original records may be inspected or copied, but
in no instance will original records be removed from DADS offices.
(e) Regulatory Services will charge for copies of records
upon request.
(1) If the requester simply wants to inspect records,
the requester will specify the records to be inspected. DADS will
make no charge for this service, unless the director of Regulatory
Services determines a charge is appropriate based on the nature of
the request.
(2) If the requester wants copies of a record, the
requester will specify in writing the records to be copied on an appropriate
DADS form, and DADS will complete the form by specifying the cost
of the records, which the requester must pay in advance. Checks and
other instruments of payment must be made payable to the Department
of Aging and Disability Services.
(3) Any expenses for standard-size copies incurred
in the reproduction, preparation, or retrieval of records must be
borne by the requester on a cost basis in accordance with costs established
by the Office of the Attorney General or DADS for office machine copies.
(4) For documents that are mailed, DADS will charge
for the postage at the time it charges for the production. All applicable
sales taxes will be added to the cost of copying records.
(5) When a request involves more than one long-term
care facility, each facility will be considered a separate request.
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| Source Note: The provisions of this §559.84 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
