SECTION 559.84. Procedures for Inspection of Public Records

(a) Procedures for inspection of public records will be in accordance with the Texas Government Code, Chapter 552, and as further described in this section.

(b) DADS' Regulatory Services Division is responsible for the maintenance and release of records on licensed facilities, and other related records.

(c) The application for inspection of public records is subject to the following criteria.

(1) The application must be made to Regulatory Services, Texas Department of Aging and Disability Services, Mail Code E-349, P.O. Box 149030, Austin, Texas 78714-9030.

(2) The requester must identify himself.

(3) The requester must give reasonable prior notice of the time for inspection and/or copying of records.

(4) The requester must specify the records requested.

(5) On written applications, if DADS is unable to ascertain the records being requested, DADS may return the written application to the requester for clarification.

(6) DADS will provide the requested records as soon as possible; however, if the records are in active use, or in storage, or time is needed for proper de-identification or preparation of the records for inspection, DADS will so advise the requester and set an hour and date within a reasonable time when the records will be available.

(d) Original records may be inspected or copied, but in no instance will original records be removed from DADS offices.

(e) Regulatory Services will charge for copies of records upon request.

(1) If the requester simply wants to inspect records, the requester will specify the records to be inspected. DADS will make no charge for this service, unless the director of Regulatory Services determines a charge is appropriate based on the nature of the request.

(2) If the requester wants copies of a record, the requester will specify in writing the records to be copied on an appropriate DADS form, and DADS will complete the form by specifying the cost of the records, which the requester must pay in advance. Checks and other instruments of payment must be made payable to the Department of Aging and Disability Services.

(3) Any expenses for standard-size copies incurred in the reproduction, preparation, or retrieval of records must be borne by the requester on a cost basis in accordance with costs established by the Office of the Attorney General or DADS for office machine copies.

(4) For documents that are mailed, DADS will charge for the postage at the time it charges for the production. All applicable sales taxes will be added to the cost of copying records.

(5) When a request involves more than one long-term care facility, each facility will be considered a separate request.

Source Note: The provisions of this §559.84 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249