Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
Subchapter E - PERSONNEL
Division 8 - PRE-EMPLOYMENT SCREENING
Section 748.751 - What are the requirements for obtaining and verifying an applicant's employment history?
Universal Citation: 26 TX Admin Code ยง 748.751
Current through Reg. 49, No. 38; September 20, 2024
(a) Before hiring an applicant for a position, you must:
(1)
Obtain in writing the applicant's employment history for the last five years,
which may include:
(A) Any history for an
applicant who has not continuously been employed during the last five years;
or
(B) A statement that the
applicant has no employment history during the last five years;
and
(2) When the
applicant's employment history indicates the applicant has been employed within
the last five years, verify whether the applicant was employed as described in
the applicant's employment history by contacting:
(A) Each employer included in the five-year
employment history; or
(B) The
applicant's three most recent employers, at a minimum, if the five-year
employment history includes more than three employers;
and
(b) If you hire the applicant, you must maintain documentation of the following in the applicant's personnel file:
(1) The
applicant's employment history required by subsection (a)(1) of this section;
and
(2) If the applicant has been
employed in the last five years, the results of any contact with an applicant's
previous employers related to employment verification. If you are unable to
contact an employer or obtain the information described in subsection (a)(2) of
this section from an employer:
(A) Any refusal
by the employer to provide the information; or
(B) Your diligent efforts to contact the
employer, which must include more than one attempt to contact an employer who
is not permanently unreachable. If the employer is permanently unreachable,
your documentation must include the reason why you made that determination.
Examples of an employer being unreachable include:
(i) The employer is out of business and there
is no alternative contact information to obtain information from the employer;
or
(ii) The employer is
deceased.
(c) This rule applies only to applicants who seek employment with your operation on or after August 9, 2023.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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