40 Tex. Admin. Code § 705.1303 - Does the designated perpetrator have the right to appeal?
Current through Reg. 46, No. 53; December 31, 2021
(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).
Notes
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.