The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative law judge--The attorney appointed by the director of the Hearings Department to preside over the hearing. (2) Adverse action--Adverse registration, licensing, or certification that is based in whole or in part on a finding of abuse, neglect, or exploitation (without regard to the release of abuse, neglect, or exploitation data). The following actions do not constitute adverse action: (A) removal of foster children from foster parents who are alleged perpetrators, as verified by Child Protective Services (CPS); (B) removal of foster children from CPS-approved, prospective adoptive parents who are alleged perpetrators; and (C) denial of CPS approval of persons as foster parents or as adoptive parents.
(3) Alleged perpetrator--A person alleged to have abused or neglected a child or alleged to have abused, neglected, or exploited an aged or disabled adult. (4) Days--Calendar days, unless otherwise specified. (5) Department--The Texas Department of Protective and Regulatory Services. (6) Executive director--The executive director of the Texas Department of Protective and Regulatory Services. (7) Hearing--An administrative proceeding provided under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, to give an alleged perpetrator an opportunity to contest a decision by the department to: (A) release information as defined under the term "release" in this section; or (B) take adverse action against the alleged perpetrator based on the department's finding that the alleged perpetrator is responsible for abuse or
neglect of a child, or for abuse, neglect, or exploitation of an aged or disabled adult. (8) Petitioner--Any person who has filed a written request for a hearing according to these procedures. (9) Release--The disclosure of information about an alleged perpetrator to any party outside the department without the alleged perpetrator's consent, except for: (A) disclosures required by operation of law; or (B) disclosures to: (i) the alleged perpetrator; (ii) parents, caretakers, or other individuals who are legally responsible for the alleged victim's care, custody, or welfare; (iii) legal representatives of the alleged victim; or (iv) a court of law. (10) Respondent--The department.
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| Source Note: The provisions of this §730.1701 adopted to be effective January 1, 1990, 14 TexReg 5937; amended to be effective August 1, 1991, 16 TexReg 3779; amended to be effective January 1, 1992, 16 TexReg 6764; amended to be effective February 15, 1992, 17 TexReg 409; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective September 1, 1993, 18 TexReg 4648.
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