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

   1. (1) the criteria that the state registrar of vital statistics will use in refusing to issue a certified copy of a record of birth, death, or fetal death when he has received information 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) Definitions. The following words and terms, when used in this section shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Applicant-Any person who applies for a certified copy of a record of birth, death, or fetal death.
   2. (2) Bureau-Bureau of Vital Statistics, Texas Department of Health.
   3. (3) Certified copy-Certified copy of a birth, death, or fetal death record.
   4. (4) Department-Texas Department of Health.
   5. (5) State registrar-The chief of the Bureau of Vital Statistics, Texas Department of Health, in charge of issuing certified copies of birth, death, or fetal death records.

3. (c) Criteria for refusal. The criteria for refusal to issue a certified copy of a record are based on information which the state registrar receives which may contradict 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.

4. (d) Hearing procedures.

   1. (1) If the state registrar intends to refuse to issue a certified copy, he or she shall notify the applicant in writing and give the applicant an opportunity for a hearing before the department to determine if there is evidence to support the state registrar's proposed action. The notice shall state the reason for the proposed refusal.
   2. (2) If the applicant wants a hearing, he or she shall submit a written request for a hearing to the state registrar within 10 working days after receiving the notice of refusal to issue a certified copy.
   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 as soon as possible in accordance with the department's fair hearing procedures, §§1.51-1.55 of this title (relating to Fair Hearing Procedures).
   4. (4) The state registrar shall notify the applicant in writing that the hearing request has been sent to the office of general counsel. The notice shall include a copy of the department's fair 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.