SECTION 745.645. How can the subject request that the CBCU review the background check determination?

(a) The subject may request that the CBCU review the background check determination, if the subject:

(1) Disagrees with the determination; or

(2) Has new information that was not available at the time of the determination.

(b) The subject of a background check may request that the CBCU review the background check determination:

(1) Within 30 days from the date on the notice letter from the CBCU that informs the subject of the determination; or

(2) Anytime the subject can provide new information that was not available at the time of the determination.

(c) The request for the CBCU to review the background check determination must:

(1) Be in writing;

(2) Be addressed to the CBCU staff member that issued the determination;

(3) Include:

(A) The subject's name;

(B) The date the CBCU issued the background check determination;

(C) The reason the subject disagrees with the background check determination, if applicable; and

(D) Any new information that was not available at the time of the determination, if applicable; and

(4) Be sent by e-mail, regular mail, or fax to the specified address or fax number.

(d) The CBCU has 30 days to provide the subject with a written response regarding the review of the background check determination. The CBCU may extend the 30-day time period for good cause.

(e) While conducting the review, the CBCU will consider any reason the subject disagrees with the background check determination, any new information provided, and whether the rules in this subchapter were followed. During a review, the CBCU will have a limited ability to look at issues of accuracy and completeness, because the CBCU does not have control over the background check results from other agencies. As much as possible, subjects should resolve those issues with the agency that provided the results upon which the background check determination was made, see §745.643 of this division (relating to How can the subject of a background check challenge the accuracy or completeness of the information contained in the results of the background check?).

(f) If the subject disagrees with the CBCU's review determination, the subject may request that the Director of the CBCU review the accuracy of the CBCU's determination. The CBCU Director may conduct this review or assign the review to a designee that was not previously involved in the background check determination. The determination by the CBCU Director or designee is final.

Source Note: The provisions of this §745.645 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