SECTION 745.8843. When may the Legal Enforcement Department nullify a request for a due process hearing?

(a) If the request for a due process hearing relates to a Central Registry finding of child abuse, neglect, or exploitation that was not conducted in a child care operation under Texas Administrative Code, Title 40, Chapter 707, Subchapter C (relating to Child Care Investigations), the Legal Enforcement Department may nullify the request upon determining that the requestor is no longer present at the operation that requested the original background check on the requestor.

(b) A nullification will not affect the requestor's ability to dispute the finding in relation to a future background check.

(c) The Legal Enforcement Department may not nullify a request for a hearing if:

(1) The requestor is not present at the operation because Licensing determined that the requestor is ineligible to be present at the operation because of the finding, unless the requestor agrees to the nullification; or

(2) The Texas Health and Human Services Commission is taking adverse action against an operation because of the finding.

Source Note: The provisions of this §745.8843 adopted to be effective January 26, 2023, 48 TexReg 220