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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER FBACKGROUND CHECKS
DIVISION 5EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING
RULE §745.699Can the subject of a background check request that the CBCU review a risk evaluation decision?

(a) The subject of a background check may request the CBCU to review the risk evaluation decision, including conditions or restrictions, if there is new information that was not available at the time of the risk evaluation decision.

(b) The request for the CBCU to review the risk evaluation decision must:

  (1) Be in writing;

  (2) Be addressed to the CBCU staff member that issued the decision;

  (3) Include:

    (A) The subject's name;

    (B) The date the CBCU issued the risk evaluation decision; and

    (C) Any new information that was not available at the time of the decision; and

  (4) Be sent by e-mail, regular mail, or fax to the specified address or fax number.

(c) The Director of the CBCU or a designee has 30 days to provide the subject with a written response regarding the review of the risk evaluation decision. The CBCU may extend the 30-day time period for good cause. While conducting the review, the CBCU will consider any new information provided. The decision by the CBCU Director or designee is final.


Source Note: The provisions of this §745.699 adopted to be effective January 13, 2019, 43 TexReg 8142

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