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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 93EMPLOYEE MISCONDUCT REGISTRY (EMR)
RULE §93.6DADS Investigates: Informal Review

(a) If an employee of a facility requests an IR in accordance with §93.5(b) of this chapter (relating to DADS Investigates: Notice to Employee of Reportable Conduct), DADS sets an IR date no later than 30 calendar days after the date the request is received by DADS.

  (1) DADS designates an impartial Regulatory Services Division staff person at the local DADS regional office to conduct the IR.

  (2) The employee may dispute the finding of reportable conduct by providing oral testimony in person or by telephone, and by providing supporting documentation to the designated staff person.

  (3) If the designated staff person does not uphold the finding of reportable conduct, DADS notifies the employee of the results of the IR and does not enter the employee's name or related information in the EMR.

  (4) If the designated staff person upholds the finding of reportable conduct, DADS notifies the employee in accordance with §93.7(a) of this chapter (relating to DADS Investigates: Notice of Opportunity for Administrative Hearing).

(b) If an employee of a facility does not timely request an IR or fails to appear for a requested IR, DADS notifies the employee in accordance with §93.7(a) of this chapter, except the notice does not include a summary of the results of an IR.


Source Note: The provisions of this §93.6 adopted to be effective September 1, 2008, 33 TexReg 7308; amended to be effective September 1, 2010, 35 TexReg 6832; amended to be effective October 19, 2014, 39 TexReg 8268

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