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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 or agency hires an employee, the facility or agency must search the EMR and NAR to determine if the person applying for employment is listed as unemployable on either registry.

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

(c) A facility or agency must provide information about the EMR to an employee within five working days after hiring the employee. The information must:

  (1) be in writing;

  (2) state that a person listed in the EMR is not employable by a facility or agency; and

  (3) include a reference to this chapter and Chapter 253, Texas Health and Safety Code, Employee Misconduct Registry.

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

(e) A facility or agency must maintain a copy of the results of the searches required by subsections (a) and (d) of this section in the person's personnel file.


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

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