After the operation submits a request for a background check,
the notice letter that the CBCU sends to the subject of a background
check will include the following information, as applicable:
(1) The sources of information that were used for the
background check, as specified in §745.607 of this subchapter
(relating to What are the different types of background checks);
(2) Whether the CBCU needs any additional information
to complete the background check and when the information is due;
(3) Any criminal history obtained on the subject;
(4) Any sustained Central Registry finding listed in
§745.671 of this subchapter (relating to What types of findings
from the Central Registry or out-of-state child abuse and neglect
registries may affect a subject's ability to be present at an operation?);
(5) Whether the subject is eligible to request a risk
evaluation and may be present at an operation pending the outcome
of the risk evaluation;
(6) A determination of whether the subject may be present
at an operation, as defined in §745.629 of this division (relating
to What are the possible determinations for the subject of a background
check?);
(7) Any conditions or restrictions placed on the subject's
presence at an operation;
(8) Any Central Registry finding of child abuse or
neglect that is not sustained, and when the CBCU has determined the
presence of the subject at an operation:
(A) Does not pose an immediate threat or danger to
the health or safety of children, the notification letter will also
state:
(i) That the subject is provisionally eligible with
conditions to be present at the operation;
(ii) That the subject may request a hearing before
the State Office of Administrative Hearings (SOAH); and
(iii) Whether the subject is entitled to a risk evaluation
regarding the finding pending a hearing before SOAH; or
(B) Poses an immediate threat or danger to the health
or safety of children, the notification letter will also state that
the subject:
(i) Is ineligible to be present at the operation;
and
(ii) May request a hearing before SOAH; and
(9) Information on where to obtain instructions on
how to challenge the accuracy or completeness of the results of the
background check, including results from other agencies, and how to
request a review of the background check determination.
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| Source Note: The provisions of this §745.639 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963 |
