Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745	LICENSING
SUBCHAPTER F	BACKGROUND CHECKS
DIVISION 6	DESIGNATED AND SUSTAINED PERPETRATORS OF CHILD ABUSE OR NEGLECT
RULE §745.731	Who are designated perpetrators and sustained perpetrators of child abuse or neglect?

(a) A designated perpetrator is a person in the Central Registry who has not exhausted the person's due process rights, including an administrative review, a due process hearing, and any subsequent rights of appeal. See Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

(b) A sustained perpetrator is a person in the Central Registry who has already been offered due process rights to an administrative review and due process hearing, and:

(1) The person waived all of the person's due process rights by not timely requesting an administrative review and due process hearing or by waiving those rights in writing as specified in §745.8817 of this chapter (relating to Can I waive my right to an administrative review?) and §745.8855 of this chapter (relating to Can I waive my right to a due process hearing?); or

(2) The child abuse or neglect finding was upheld in the due process hearing and any subsequent appeals.

Source Note: The provisions of this §745.731 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