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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 93EMPLOYEE MISCONDUCT REGISTRY (EMR)
RULE §93.3Employment and Registry Information

(a) Before a facility, agency, or individual employer hires an employee, the facility, the agency, the individual employer, or an FMSA on behalf of the individual employer must search the EMR and NAR to determine if the person applying for employment is listed as unemployable on either registry.

(b) A facility, agency, or individual employer must not hire or continue to employ a person listed in the EMR or NAR as unemployable.

(c) A facility, agency, or individual employer must, within five working days after hiring an employee, provide written information to the employee explaining:

  (1) that a person listed in the EMR is not employable by a facility, agency, or individual employer; and

  (2) that the EMR is governed by this chapter and THSC, Chapter 253.

(d) A facility, or agency, individual employer, or FMSA on behalf of an individual employer must search the EMR and NAR annually to determine if an employee is listed on either registry as unemployable.

(e) A facility, or agency, individual employer, or FMSA on behalf of an individual employer must maintain a copy of the results of the searches required by subsections (a) and (d) of this section in the books and records maintained by the entity that conducted the search.


Source Note: The provisions of this §93.3 adopted to be effective September 1, 2008, 33 TexReg 7308; amended to be effective September 1, 2010, 35 TexReg 6832; amended to be effective October 19, 2014, 39 TexReg 8268

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