(a) Abused birth record.
- (1) Any birth record that has had 10 or more certifications issued since the original date of filing shall be considered as an abused record. Such a notation shall be made on the birth record.
- (2) When the state registrar receives a request for an abused birth record, he shall refuse to issue any additional certifications until the registrant has satisfactorily explained, under oath, the reason for the additional request(s).
(b) Misused record.
- (1) A misused record is any birth or death record that has been used by any person other than the registrant or qualified applicant for any fraudulent or illegal purpose. Any birth record used by the registrant for any fraudulent or illegal purpose shall be considered as a misused record.
- (2) Upon notification or determination that a record has been misused, the state registrar shall attach a flag or notice to the record.
(c) Flagged record.
- (1) A flagged record is any record with a notation by the state registrar that a request was received to not issue the record. Any record with a flag or an addendum attached thereto shall be considered as a flagged record.
- (2) When a record has a flag, notation, or addendum, the state registrar shall refuse to issue such a record until the conditions as stated on the flag, notation, or addendum have been carried out and the registrant or the requesting party has been notified.
- (d) An administrative hearing may be requested as provided in §181.21(d) of this title (relating to Refusal To Issue Certified Copies of Records of Birth, Death, or Fetal Death) to determine if flagged, abused, misused or records with an addendum or notation should be issued.
Source Note:The provisions of this §181.24 adopted to be effective November 19, 1991, 16 TexReg 6298.