SECTION 745.8441. When will we notify the operation of the purpose of an unannounced inspection or investigation?

(a) For an announced or unannounced inspection, we will notify the person in charge of the operation of the purpose of the inspection at the time of the inspection.

(b) For an investigation regarding a statute, rule, or minimum standard deficiency, we will notify the person in charge of the operation of the nature of the allegation made in the report when we first contact the operation, except as provided in subsection (c) of this section.

(c) When we first contact an operation, we do not have to notify the person in charge of the operation of the nature of the allegation made in the report if:

(1) The allegation is against the person in charge, designee, administrator, director, or primary caregiver; or

(2) We have a reason to believe that disclosing the nature of the allegation may compromise the investigation.

(d) If we did not notify the person in charge of the nature of the allegation as explained in subsection (c) of this section, then we will notify the person in charge, designee, administrator, director, or primary caregiver for the operation as soon as possible after we determine that doing so will not compromise the investigation.

Source Note: The provisions of this §745.8441 adopted to be effective August 23, 2023, 48 TexReg 3990