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RULE §189.5Compliance Visits and Communications

(a) Agency representatives shall make random and unannounced visits with a probationer at a probationer's practice location, residence, or other location to investigate compliance with an order or remedial plan.

(b) Agency representatives shall determine the time, date, and location of all visits. A probationer must submit to random unannounced visits. A probationer or a probationer's authorized representative may not request to meet at specific times, dates, or locations.

(c) While agency representatives will focus on assuring the confidentiality of rehabilitation orders, agency representatives investigating a probationer's compliance with a rehabilitation order may communicate with third parties. Agency representatives shall not discuss the existence of an order, findings of fact, conclusions of law, or the terms and conditions of the order with persons to whom the order does not authorize disclosure. This does not preclude agency representatives from communicating that they are employees of the board.

Source Note: The provisions of this §189.5 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective September 30, 2012, 37 TexReg 7486

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