10600, Background Check Reviews

February 2021

CBCU staff conduct background check reviews when the background check subject:

  1. believes the results are inaccurate;
  2. has new information that was not available at the time the CBCU made the determination; or
  3. disagrees with the determination.

CBCU staff review the request and information provided and issue a decision within 30 days of receipt. CBCU staff may extend the 30 days for good cause.

CBCU staff conduct the following reviews when requested by the background check subject:

  • Reviews of Background Check Results (See: 26 TAC §745.643);
  • Reviews of Background Check Determinations (See: 26 TAC §745.645); and
  • Reviews of Risk Evaluation Decisions (See: 26 TAC §745.699).

 

10610 Background Check Results Reviews

February 2021

Procedure

If a subject believes the background check results received are inaccurate or incomplete, the subject may request a Background Check Results Review. The subject contacts the CBCU staff who sent the background check determination notification. CBCU staff discuss the results and reasons for the determination and advise the subject on possible ways to resolve the disputed information, including contacting the agency that provided the results. This includes providing information for a result that was pending final disposition at the time of the background check determination.

The subject provides any documentation supporting resolution of incorrect or inaccurate results to the CBCU staff.

Based on the outcome of the review, CBCU staff document the following in the Information Specific to this Result section on the applicable Background Check Results page in CLASS:

  • communication with the subject;
  • a summary of the documentation received; and
  • the decision, including if presence or conditions were changed.

If the review changed the results, CBCU staff do the following on the applicable Background Check Results page in CLASS:

  1. Update the result, as needed in the Results section.
  2. Select the Preview Match Determination button to verify that the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct.
  3. Select the Finalize Match Determination button to complete the eligibility determination.
  4. Save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

26 TAC §745.643

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications

 

10611 Eligibility Determination Reviews

February 2021

CBCU staff complete an Eligibility Determination Review if the background check subject disagrees with the determination and requests a review.

The subject must submit a request for the Eligibility Determination Review:

  1. within 30 days of the determination or decision date; or
  2. when the subject has new information that was not available at the time of the determination.

The subject’s request must:

  1. be in writing;
  2. be sent to the CBCU staff who issued the determination by email, regular mail or fax to include:
    • the subject's name;
    • the date the CBCU issued the background check determination;
    • the reason the subject disagrees with the eligibility determination, if applicable; and
    • any new information that was not available at the time of the determination.

Providing New Information

If the subject has new information that was not available at the time of the determination, CBCU staff complete the Eligibility Determination Review according to 10611.1 Completing the Eligibility Determination Review.

26 TAC §745.645

 

10611.1 Completing the Eligibility Determination Review

February 2021

CBCU staff consider the following when conducting an Eligibility Determination Review:

  1. any reason the subject disagrees with the background check determination;
  2. any new information the subject provided; and
  3. whether all background check rules in Chapter 745, Subchapter F were followed.

CBCU staff document the review and decision on the applicable Background Check Results page in CLASS in the Information Specific to this Result section:

  • the request for the review;
  • communication with the subject;
  • a summary of the documentation received; and
  • the decision, including if presence or conditions were changed.

If the review changed the results, CBCU staff also do the following on the applicable Background Check Results page in CLASS:

  1. In the Results section, update the result as needed.
  2. Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct;
  3. Select the Finalize Match Determination button to complete the eligibility determination.
  4. Save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications

 

10611.2 Review of the Eligibility Determination Review Conducted by the Director of CBCU

February 2021

If the subject disagrees with the results of the Eligibility Determination Review, the subject may request the CBCU director to complete a review of the Eligibility Determination Review. The review is completed by the CBCU director or a designee who was not previously involved in the background check determination or Eligibility Determination Review.

The result of the CBCU director’s or designee’s review is final.

26 TAC §745.645

 

10612 Risk Evaluation Decision Review by the CBCU Director

February 2021

When requested by the subject of the background check, the CBCU director, or an assigned designee, completes a Risk Evaluation Decision Review to review the accuracy of a risk evaluation decision. The result of the Risk Evaluation Decision Review is final.

The subject submits a request for the Risk Evaluation Decision Review:

  1. in writing; and
  2. to the CBCU staff who issued the determination or decision by email, mail or fax.

The subject’s request must include:

  1. the subject's name;
  2. the date the CBCU issued the background check determination;
  3. the reason the subject disagrees with the eligibility determination, if applicable; and
  4. any new information that was not available at the time of the determination.

Procedure

CBCU staff forward requests for a Risk Evaluation Decision Review to the CBCU director.

26 TAC §745.699