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.

Source Note: The provisions of this §745.639 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963