(a) An employer may appoint a willing adult as a DR to assist or to perform employer responsibilities. The employer maintains responsibility and accountability for decisions and actions taken by the DR.
(b) If the employer chooses to appoint a DR or change a DR, or is required to appoint a DR at enrollment in the CDS option, as described in §41.109 of this chapter (relating to Enrollment in the CDS Option), the employer must complete DADS Form 1720, Appointment of Designated Representative.
  (1) The employer must notify the FMSA by fax or telephone within two working days after the appointment or change of a DR.
  (2) If the employer notifies the FMSA by telephone, the employer must fax or mail a copy of Form 1720 to the FMSA within five working days after the appointment or change of a DR.
(c) The employer, if appointing a DR who is not a relative, must:
  (1) obtain the DR's information required on the Appointment of Designated Representative Form (Form 1720) and request the FMSA to perform a criminal history background check through the Department of Public Safety's (DPS) public Criminal History Conviction Database website; and
  (2) not appoint or retain a DR who is not a relative who:
    (A) has a criminal history that indicates the person has been convicted of an offense included in Texas Health and Safety Code (THSC), §250.006(a); or
    (B) has a criminal history that indicates the person has been convicted of an offense included in THSC, §250.006(b) within the previous five years.
(d) If an employer decides to revoke the appointment of a DR, the employer must:
  (1) complete DADS Form 1721, Revocation of Appointment of Designated Representative; and
  (2) provide a copy of the completed form to the FMSA within two calendar days after the effective date of the revocation.
(e) Based on documentation provided by the FMSA of an employer's inability to meet employer responsibilities, the service planning team or the FMSA may recommend that the employer designate a DR to assist with or to perform employer responsibilities.
(f) A DR must not:
  (1) sign or represent himself as the employer;
  (2) be paid to perform employer responsibilities;
  (3) be an employee of the employer;
  (4) have a spouse employed by the employer; or
  (5) provide a program service to the individual.

Source Note: The provisions of this §41.205 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective July 1, 2013, 38 TexReg 3990