Section 745.639 - What information will a notice letter that the CBCU sends to the subject of a background check include?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.26 Tex. Admin. Code § 745.639
Adopted by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8144, eff. 1/13/2019; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963