|(a) Authority. A person may request the Board to issue
a criminal history evaluation letter regarding the person's eligibility
for a license as authorized by Chapter 53 of the Texas Occupations
(b) Eligibility. Only a person planning to enroll in
or who is enrolled in chiropractic school and who has reason to believe
that the person is ineligible for licensure due to a conviction or
deferred adjudication for a felony or misdemeanor offense may request
the criminal history evaluation letter.
(c) Request. The request must include:
(1) A completed Board request form available from the
(2) A statement by the person of the basis for the
person's potential ineligibility;
(3) The required fee set out in §78.6 of this
title (relating to Required Fees and Charges);
(4) Official copies of all court documentation regarding
a conviction or deferred adjudication which the person believes may
make that person ineligible for licensure; and
(5) A statement from the approved vendor submitting
the applicant's fingerprints to the Texas Department of Public Safety
(DPS) and the Federal Bureau of Investigation (FBI) that the person
has requested DPS and the FBI to provide a criminal history report
to the Board based on fingerprints submitted by the person.
(d) Investigation. The Board has the same powers to
investigate a request submitted under this section and the person's
eligibility that the Board has to investigate a person applying for
a license. The Board may request additional information from the person
in order to complete the investigation. The person must timely respond
to requests from the Board.
(e) Issuance of Letter. The Board will issue a letter
stating the Board's determination as to eligibility within 90 days
of the receipt of the items listed in subsection (c) of this section
and receipt of the criminal history report on the person from DPS
and the FBI. The 90 day period may be extended if the person has not
timely provided information requested by the Board. The letter will
specifically state either that the Board has determined that a ground
for ineligibility does not exist or that the Board has determined
that a ground for ineligibility does exist and will set out each basis
for potential ineligibility.
(f) Limitation of Board's Determination. In the absence
of new evidence known to but not disclosed by the person or not reasonably
available to the Board at the time the letter is issued, the Board's
ruling on the request determines the person's eligibility with respect
to the grounds for potential ineligibility set out in the letter.
The letter is limited to the law in effect on the date the letter
is issued and the facts known to the Board at the time the request
is submitted and the letter is issued.