| (a) If the request for a due process hearing relates
to a Central Registry finding of child abuse, neglect, or exploitation
that was not conducted in a child care operation under Texas Administrative
Code, Title 40, Chapter 707, Subchapter C (relating to Child Care
Investigations), the Legal Enforcement Department may nullify the
request upon determining that the requestor is no longer present at
the operation that requested the original background check on the
requestor.
(b) A nullification will not affect the requestor's
ability to dispute the finding in relation to a future background
check.
(c) The Legal Enforcement Department may not nullify
a request for a hearing if:
(1) The requestor is not present at the operation because
Licensing determined that the requestor is ineligible to be present
at the operation because of the finding, unless the requestor agrees
to the nullification; or
(2) The Texas Health and Human Services Commission
is taking adverse action against an operation because of the finding.
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