(a) The FMSA must, if the employer requests to appoint a person who is not a relative as DR, use the information provided by the employer on the Appointment of Designated Representative form (Form 1720) to:
  (1) obtain the criminal history information directly from the Texas Department of Public Safety's (DPS) public online criminal history website; and
  (2) notify the employer, using Form 1720, if the DR has been convicted of an offense included in Texas Health and Safety Code (THSC), §250.006(a), or has been convicted of an offense included in THSC, §250.006(b) within the previous five years and cannot be appointed as DR.
(b) An FMSA must maintain the following documentation regarding an employer's DR:
  (1) Form 1720, Appointment of a Designated Representative, for:
    (A) initial designations; and
    (B) any change to an appointment of a DR; and
  (2) Form 1721, Revocation of Representative, if the employer elects to revoke the appointment of a DR.
(c) An FMSA must communicate with and accept direction from the employer's DR to the extent delegated by the employer on Form 1720.

Source Note: The provisions of this §41.305 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective July 1, 2013, 38 TexReg 3990