| (a) An approved risk evaluation by the CBCU for a criminal
conviction or child abuse or neglect finding does not expire, unless:
(1) The subject of a background check has been arrested
or charged with another crime or has an additional criminal conviction
or child abuse or neglect finding;
(2) The subject's role at the operation, including
the circumstances of the subject's contact with children at the operation,
becomes different than when the CBCU approved the risk evaluation;
(3) The subject becomes employed at a different operation
than when the CBCU approved the risk evaluation; or
(4) The CBCU amends or rescinds the risk evaluation
in response to:
(A) A request for a review of the risk evaluation as
specified in §745.699 of this division (relating to Can the subject
of a background check request that the CBCU review a risk evaluation?);
or
(B) An action taken in response to an operation not
following the conditions or restrictions on a subject's presence at
an operation as specified in §745.637 of this subchapter (relating
to What actions may Licensing take if I do not follow the conditions
or restrictions on a subject's presence at an operation?).
(b) If a risk evaluation expires because of subsection
(a)(1), (a)(2), or (a)(3) of this section, then the CBCU will either
conduct a new risk evaluation or reprocess the current risk evaluation
based on the new information.
(c) An approved risk evaluation by the CBCU for a crime
for which the subject has been arrested or charged is temporary pending
the final outcome of the alleged crime (i.e. charges never filed,
dismissal, conviction, or acquittal). Once there is a final outcome
to the alleged crime, the CBCU will make a final decision on the risk
evaluation if one continues to be required.
|
| Source Note: The provisions of this §745.697 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963 |
