SECTION 730.1703. Notice

The executive director or his designee sends the alleged perpetrator notice of any pending release or adverse use. The notice is sent by certified mail, return receipt requested, unless the department determines that a more immediate form of notice is required. The notice must include:

(1) a statement of:

(A) the department's abuse, neglect, or exploitation findings; and

(B) either:

(i) the adverse action to be taken; or

(ii) the information to be released by the department, or both;

(2) a statement of the alleged perpetrator's right to request a hearing on the adverse action or release within 15 days of receiving the notice;

(3) a statement that the failure to request a hearing may result in disclosure of the abuse, neglect, or exploitation findings;

(4) a statement indicating whether the abuse, neglect, or exploitation findings will be released or used before the appeal;

(5) a statement of the alleged perpetrator's right to inspect investigation records and related material, including video and audio recordings;

(6) a description of the procedure that the alleged perpetrator must follow to request a hearing; and

(7) if the alleged perpetrator has a right to an administrative review of the department's findings, a statement that the alleged perpetrator must either exercise or waive that right before a hearing is convened.

Source Note: The provisions of this §730.1703 adopted to be effective January 1, 1990, 14 TexReg 5937; 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.