(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.

Source Note: The provisions of this §748.751 adopted to be effective August 9, 2023, 48 TexReg 3280