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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705ADULT PROTECTIVE SERVICES
SUBCHAPTER OEMPLOYEE MISCONDUCT REGISTRY
RULE §705.1513How does an employee dispute a finding of reportable conduct and what happens if the Request for EMR Hearing is not filed or not filed properly?

(a) An employee may dispute a finding of reportable conduct by submitting a Request for EMR Hearing. The Notice of Finding contains instructions for filing the Request for EMR Hearing.

(b) The employee is deemed to have accepted the finding of reportable conduct and DFPS submits the employee's name for inclusion in the Employee Misconduct Registry if the employee:

  (1) does not file a Request for EMR Hearing;

  (2) fails to file the Request for EMR Hearing before the deadline has passed, as provided under §705.1515 of this chapter (relating to What is the deadline for filing the Request for EMR Hearing?); or

  (3) files a Request for EMR Hearing, but fails to follow the filing instructions and, as a result, DFPS does not receive the Request for EMR Hearing in a timely manner or cannot determine the matter being disputed.


Source Note: The provisions of this §705.1513 adopted to be effective February 1, 2021, 46 TexReg 317

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