SECTION 745.697. Does an approved risk evaluation expire?

(a) An approved risk evaluation by the CBCU for a criminal conviction or child abuse or neglect finding does not expire, unless:

(1) The subject of a background check has been arrested or charged with another crime or has an additional criminal conviction or child abuse or neglect finding;

(2) The subject's role at the operation, including the circumstances of the subject's contact with children at the operation, becomes different than when the CBCU approved the risk evaluation;

(3) The subject becomes employed at a different operation than when the CBCU approved the risk evaluation; or

(4) The CBCU amends or rescinds the risk evaluation in response to:

(A) A request for a review of the risk evaluation as specified in §745.699 of this division (relating to Can the subject of a background check request that the CBCU review a risk evaluation?); or

(B) An action taken in response to an operation not following the conditions or restrictions on a subject's presence at an operation as specified in §745.637 of this subchapter (relating to What actions may Licensing take if I do not follow the conditions or restrictions on a subject's presence at an operation?).

(b) If a risk evaluation expires because of subsection (a)(1), (a)(2), or (a)(3) of this section, then the CBCU will either conduct a new risk evaluation or reprocess the current risk evaluation based on the new information.

(c) An approved risk evaluation by the CBCU for a crime for which the subject has been arrested or charged is temporary pending the final outcome of the alleged crime (i.e. charges never filed, dismissal, conviction, or acquittal). Once there is a final outcome to the alleged crime, the CBCU will make a final decision on the risk evaluation if one continues to be required.

Source Note: The provisions of this §745.697 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