26 Tex. Admin. Code § 745.8843

Current through Register Vol. 49, No. 48, November 29, 2024

Section 745.8843 - When may the Legal Enforcement Department nullify a request for a due process hearing?

(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.

26 Tex. Admin. Code § 745.8843

Adopted by Texas Register, Volume 48, Number 03, January 20, 2023, TexReg 0222, eff. 1/26/2023