|(a) When APS staff validates an allegation of abuse,
neglect, or financial exploitation against a designated perpetrator
and an entity or employer (such as a contracting agency or senior
center) allows such designated perpetrator to have access to adults
with disabilities, adults aged 65 or older, or children, then the
APS caseworker may notify the entity of the findings by complying
with this subchapter. If the findings are to be released to any entity
or employer, the designated perpetrator must be given prior written
notification, except in emergencies, and an opportunity to request
an Administrative Review of Investigative Findings and a hearing before
the State Office of Administrative Hearings.
(b) If the designated perpetrator is an employee as
defined in §705.1505 of this chapter (relating to How are the
terms in this subchapter defined?) and subject to placement on the
Employee Misconduct Registry established under Texas Health and Safety
Code, Chapter 253, the perpetrator may request a hearing as described
in Subchapter O of this chapter (relating to Employee Misconduct Registry).
(c) A designated perpetrator who is offered an EMR
hearing under subsection (b) of this section may not also request
a release hearing, as described in this chapter, relating to the same
allegations of abuse, neglect, or financial exploitation.
(d) DFPS may elect to offer due process for an emergency
release in an EMR hearing, as described in Subchapter O of this chapter
(relating to Employee Misconduct Registry).