1. (a) Purpose. The purpose of this section is to describe:

   1. (1) the criteria that the State Registrar will use in refusing to issue a certified copy of a record of birth, death, or fetal death when information is received that may contradict the information shown in such record; and
   2. (2) the hearing procedures the department will use when the applicant wants to appeal the State Registrar's proposed refusal.

2. (b) Criteria for refusal. The criteria for refusal to issue a certified copy of a record is based on information the State Registrar receives that contradicts the information shown in the record, such as:

   1. (1) an order issued by a court of competent jurisdiction finding that the information shown in a record is false;
   2. (2) a copy of an original record showing that the event in question occurred in a jurisdiction other than the State of Texas;
   3. (3) affidavits executed by registrants, parents, attendants, or persons authorized to administer oaths attesting to the falsification of information in a record.

3. (c) Hearing procedures.

   1. (1) If the State Registrar proposes to refuse to issue a certified copy, the applicant shall receive written notification of the refusal, the reason for the refusal and his or her right to request a hearing before the department to determine if there is evidence to support the State Registrar's proposed action.
   2. (2) If the applicant wants a hearing, he or she shall submit a written request for a hearing to the State Registrar within 20 days after receiving the notice of proposed refusal.
   3. (3) The State Registrar, upon receiving the written request for hearing, shall request the department's Office of General Counsel to initiate a hearing procedure in accordance with the department's hearing procedures, contained in §§1.51-1.55 of this title.
   4. (4) The State Registrar shall notify the applicant in writing when the hearing request has been sent to the Office of General Counsel. The notice shall include a copy of the department's hearing procedures.

Source Note:The provisions of this §181.21 adopted to be effective February 1, 1984, 8 TexReg 5406; amended to be effective March 16, 2000, 25 TexReg 2068; amended to be effective July 3, 2003, 28 TexReg 4904; amended to be effective August 11, 2013, 38 TexReg 4896.