SECTION 4.513. Contract Agency

(a) An MRA or community center must require a contract agency to conduct criminal history and registry checks on an applicant with the contract agency.

(b) An MRA or community center must require a contract agency to annually conduct a registry check on an employee, contractor, or volunteer with the contract agency.

(c) An MRA or community center must require a contract agency to require an employee, contractor, or volunteer of the contract agency to report to the contract agency:

(1) a criminal offense that the employee, contractor, or volunteer is convicted of or charged with after starting employment or volunteer status or after the execution of the contractor's contract; and

(2) a listing of the employee, contractor, or volunteer as unemployable in a registry after starting employment or volunteer status or after the execution of the contractor's contract.

(d) An MRA or community center must require a contract agency to conduct criminal history and registry checks on an employee, contractor, or volunteer of the contract agency if the contract agency has reason to believe the employee, contractor, or volunteer may have a criminal history that makes the employee, contractor, or volunteer unqualified or unsuitable for employment or contractual or volunteer status or may be listed as unemployable on a registry.

(e) An MRA or community center must prohibit a contract agency from allowing an employee, contractor, or volunteer of the contract agency to have direct contact with an individual if the contract agency becomes aware that:

(1) a criminal history check indicates that the employee, contractor, or volunteer is not qualified or suitable; or

(2) the employee, contractor, or volunteer is listed as unemployable in a registry.

Source Note: The provisions of this §4.513 adopted to be effective October 6, 2011, 36 TexReg 6513