SECTION 730.1701. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Administrative law judge--The attorney appointed by the director of the Hearings Department to preside over the hearing.

(2) Adverse action--Adverse registration, licensing, or certification that is based in whole or in part on a finding of abuse, neglect, or exploitation (without regard to the release of abuse, neglect, or exploitation data). The following actions do not constitute adverse action:

(A) removal of foster children from foster parents who are alleged perpetrators, as verified by Child Protective Services (CPS);

(B) removal of foster children from CPS-approved, prospective adoptive parents who are alleged perpetrators; and

(C) denial of CPS approval of persons as foster parents or as adoptive parents.

(3) Alleged perpetrator--A person alleged to have abused or neglected a child or alleged to have abused, neglected, or exploited an aged or disabled adult.

(4) Days--Calendar days, unless otherwise specified.

(5) Department--The Texas Department of Protective and Regulatory Services.

(6) Executive director--The executive director of the Texas Department of Protective and Regulatory Services.

(7) Hearing--An administrative proceeding provided under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, to give an alleged perpetrator an opportunity to contest a decision by the department to:

(A) release information as defined under the term "release" in this section; or

(B) take adverse action against the alleged perpetrator based on the department's finding that the alleged perpetrator is responsible for abuse or neglect of a child, or for abuse, neglect, or exploitation of an aged or disabled adult.

(8) Petitioner--Any person who has filed a written request for a hearing according to these procedures.

(9) Release--The disclosure of information about an alleged perpetrator to any party outside the department without the alleged perpetrator's consent, except for:

(A) disclosures required by operation of law; or

(B) disclosures to:

(i) the alleged perpetrator;

(ii) parents, caretakers, or other individuals who are legally responsible for the alleged victim's care, custody, or welfare;

(iii) legal representatives of the alleged victim; or

(iv) a court of law.

(10) Respondent--The department.

Source Note: The provisions of this §730.1701 adopted to be effective January 1, 1990, 14 TexReg 5937; amended to be effective August 1, 1991, 16 TexReg 3779; amended to be effective January 1, 1992, 16 TexReg 6764; amended to be effective February 15, 1992, 17 TexReg 409; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective September 1, 1993, 18 TexReg 4648.