(C) has an unacceptable criminal history.
(n) Re-Application for Certification or other Authorization
Prohibited. A person who has been determined ineligible for a certificate
or placement on the NCT Registry by the Licensure Committee may not
reapply for a certificate or placement on the NCT Registry prior to
the expiration of one year from the date of the board's ratification
of the Licensure Committee's determination of ineligibility and denial.
(o) Request for Criminal History Evaluation Letter.
(1) In accordance with Texas Occupations Code, §53.102,
prior to applying for certification or other authorization, an individual
may request that board staff review the person's criminal history
to determine if the person is potentially ineligible for certification
or other authorization based solely on the person's criminal background.
(2) Requestors must submit their requests in writing
along with appropriate fees as provided in §175.1 of this title
(relating to Application and Administrative Fees).
(3) The board may require additional documentation
including fingerprint cards before issuing a criminal history evaluation
letter.
(4) The board shall provide criminal history evaluation
letters that include the basis for potential ineligibility, if grounds
for ineligibility exist to all requestors no later than the 90th day
after the board receives all required documentation to allow the board
to respond to a request.
(5) If a requestor does not provide all requested documentation
within one year of submitting the original request, the request will
be considered as withdrawn.
(6) All evaluations letters shall be based on existing
law at the time of the request. All requestors remain subject to the
requirements for licensure at the time of application and may be determined
ineligible under existing law at the time of application. If a requestor
fails to provide complete and accurate information to the board, the
board may invalidate the criminal history evaluation letter.
(7) An individual shall be permitted to apply for certification
or other authorization, regardless of the board's determination in
a criminal history evaluation letter.
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Source Note: The provisions of this §194.6 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective March 27, 2018, 43 TexReg 1867; amended to be effective April 17, 2019, 44 TexReg 1859; amended to be effective November 10, 2019, 44 TexReg 6883 |