(a) Anyone who has been determined to be a perpetrator of abuse or neglect as a result of an investigation conducted by the Child Protective Services (CPS) Program of the Department of Family and Protective Services (DFPS) can request an Office of Consumer Affairs Review. The individual must use the Administrative Review of Investigative Findings (ARIF) process offered by the Child Protective Services Program before the individual is eligible for the Office of Consumer Affairs Review.     
      (b) An Office of Consumer Affairs Review is not available in the following situations:      
        (1) if DFPS determines that a court of competent jurisdiction has issued an order that is legally consistent with the DFPS finding on the allegation of abuse or neglect for which the Review was requested;       
        (2) if the complaint is to challenge any other orders or findings made by the court in which the suit affecting the parent-child relationship has been filed, including removal orders;       
        (3) if there is pending litigation against DFPS related to the designation; or       
        (4) if the requester does not qualify for an Office of Consumer Affairs Review even if the requester qualified for the ARIF.       
     Source Note:        The provisions of this §702.841 adopted to be effective June 27, 2002, 27 TexReg 5248; amended to be effective September 1, 2016, 41 TexReg 6078