SECTION 705.1303. Does the designated perpetrator have the right to appeal?

(a) When APS staff validates an allegation of abuse, neglect, or financial exploitation against a designated perpetrator and an entity or employer (such as a contracting agency or senior center) allows such designated perpetrator to have access to adults with disabilities, adults aged 65 or older, or children, then the APS caseworker may notify the entity of the findings by complying with this subchapter. If the findings are to be released to any entity or employer, the designated perpetrator must be given prior written notification, except in emergencies, and an opportunity to request an Administrative Review of Investigative Findings and a hearing before the State Office of Administrative Hearings.

(b) If the designated perpetrator is an employee as defined in §705.1505 of this chapter (relating to How are the terms in this subchapter defined?) and subject to placement on the Employee Misconduct Registry established under Texas Health and Safety Code, Chapter 253, the perpetrator may request a hearing as described in Subchapter O of this chapter (relating to Employee Misconduct Registry).

(c) A designated perpetrator who is offered an EMR hearing under subsection (b) of this section may not also request a release hearing, as described in this chapter, relating to the same allegations of abuse, neglect, or financial exploitation.

(d) DFPS may elect to offer due process for an emergency release in an EMR hearing, as described in Subchapter O of this chapter (relating to Employee Misconduct Registry).

Source Note: The provisions of this §705.1303 adopted to be effective February 1, 2021, 46 TexReg 317