|(a) An employer may appoint a willing adult as a DR
to assist or to perform employer responsibilities. The employer maintains
responsibility and accountability for decisions and actions taken
by the DR.
(b) If the employer chooses to appoint a DR or change
a DR, or is required to appoint a DR at enrollment in the CDS option,
as described in §41.109 of this chapter (relating to Enrollment
in the CDS Option), the employer must complete DADS Form 1720, Appointment
of Designated Representative.
(1) The employer must notify the FMSA by fax or telephone
within two working days after the appointment or change of a DR.
(2) If the employer notifies the FMSA by telephone,
the employer must fax or mail a copy of Form 1720 to the FMSA within
five working days after the appointment or change of a DR.
(c) The employer, if appointing a DR who is not a relative,
(1) obtain the DR's information required on the Appointment
of Designated Representative Form (Form 1720) and request the FMSA
to perform a criminal history background check through the Department
of Public Safety's (DPS) public Criminal History Conviction Database
(2) not appoint or retain a DR who is not a relative
(A) has a criminal history that indicates the person
has been convicted of an offense included in Texas Health and Safety
Code (THSC), §250.006(a); or
(B) has a criminal history that indicates the person
has been convicted of an offense included in THSC, §250.006(b)
within the previous five years.
(d) If an employer decides to revoke the appointment
of a DR, the employer must:
(1) complete DADS Form 1721, Revocation of Appointment
of Designated Representative; and
(2) provide a copy of the completed form to the FMSA
within two calendar days after the effective date of the revocation.
(e) Based on documentation provided by the FMSA of
an employer's inability to meet employer responsibilities, the service
planning team or the FMSA may recommend that the employer designate
a DR to assist with or to perform employer responsibilities.
(f) A DR must not:
(1) sign or represent himself as the employer;
(2) be paid to perform employer responsibilities;
(3) be an employee of the employer;
(4) have a spouse employed by the employer; or
(5) provide a program service to the individual.