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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 4RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER KCRIMINAL HISTORY AND REGISTRY CLEARANCES
RULE §4.511MRA and Community Center Policies Related to Criminal History and Registry Checks

(a) An MRA or community center must have written procedures consistent with this subchapter (relating to Criminal History and Registry Checks for MRAs and Community Centers) that describes how information obtained through criminal history and registry checks is processed, including:

  (1) procedures that protect the confidentiality of criminal history record information pursuant to Texas Health and Safety Code §250.007 and Texas Government Code §411.115;

  (2) procedures for notifying an applicant, employee, volunteer, or contractor if:

    (A) the criminal history record information of the applicant, employee, volunteer, or contractor identifies a conviction that prohibits or contraindicates employment or contractual or volunteer status; or

    (B) the applicant, employee, or volunteer is listed as unemployable in a registry;

  (3) procedures for notifying an applicant, employee, volunteer, or contractor how to address inaccuracies in criminal history record information (i.e., the opportunity to be heard by Texas Department of Public Safety) if the person believes he or she has been unjustly denied employment or contractual or volunteer status as a result of criminal history record information that is incorrect or relates to another person;

  (4) procedures for documenting the results of criminal history and registry checks of an applicant, employee, volunteer, or contractor;

  (5) procedures for maintaining a copy of the results of the annual registry checks in the file of an employee, contractor, or volunteer of the MRA or community center;

  (6) procedures for destroying all criminal history record information obtained in accordance with this subchapter immediately after an employment or volunteer decision has been made or personnel action has been taken, as required by Texas Government Code §411.115(e); and

  (7) procedures for destroying all criminal history record information related to a contractor of the MRA or community center obtained in accordance with this subchapter immediately after execution of the contract.

(b) An MRA or community center must develop written procedures consistent with this subchapter describing how it will respond to information obtained through self-reporting and subsequent criminal history and registry checks.

  (1) Pursuant to the Texas Health and Safety Code, §533.007(b), an MRA or community center may not take adverse personnel action against an employee of the MRA or community center if the information received pertains to an arrest warrant or wanted persons information. However, the MRA or community center may reassign the employee until resolution of the matter relating to the arrest warrant or wanted persons information.

  (2) If the information obtained by self-reporting or from a criminal history check states that the employee, contractor, or volunteer of an MRA or community center has a conviction for an offense described in §4.505(b)(1) - (3) of this subchapter (relating to Prohibition to Employment or Contractual or Volunteer Status), the MRA or community center may consider a contention by the employee, contractor, or volunteer that the information is incorrect or that it relates to another person. The MRA or community center may give the employee, contractor, or volunteer a reasonable period of time to have the information corrected, but the MRA or community center must reassign the employee, contractor, or volunteer to duties that are not contraindicated by the conviction. If the employee, contractor, or volunteer fails to get the information corrected as provided by Texas Health and Safety Code §250.005(b), the MRA or community center must immediately discharge the employee or volunteer or terminate the contractor's contract.

  (3) If the information obtained by self-reporting or a registry check states that an employee, contractor, or volunteer of the MRA or community center is listed as unemployable in a registry, the MRA or community center must immediately discharge the employee or volunteer or terminate the contractor's contract.


Source Note: The provisions of this §4.511 adopted to be effective October 6, 2011, 36 TexReg 6513

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