| (a) In accordance with Occupations Code, §53.102,
a person may request the department to issue a criminal history evaluation
letter regarding the person's eligibility for a license if the person:
(1) is enrolled or planning to enroll in an educational
program that prepares a person for an initial license or is planning
to take an examination for an initial license; and
(2) has reason to believe that the person is ineligible
for the license due to a conviction or deferred adjudication for a
felony or misdemeanor offense.
(b) A person making a request for issuance of a criminal
history evaluation letter shall submit the request on a form prescribed
by the department, accompanied by the criminal history evaluation
letter fee and the required supporting documentation, as described
on the form. The request shall state the basis for the person's potential
ineligibility.
(c) The department has the same authority to investigate
a request submitted under this section and the requestor's eligibility
that the department has to investigate a person applying for a license.
(d) If the department determines that a ground for
ineligibility does not exist, the department shall notify the requestor
in writing of the determination. The notice shall be issued not later
than the 90th day after the date the department received the request
form, the criminal history evaluation letter fee, and any supporting
documentation as described in the request form.
(e) If the department determines that the requestor
is ineligible for a license, the department shall issue a letter setting
out each basis for potential ineligibility and the department's determination
as to eligibility. The letter shall be issued not later than the 90th
day after the date the department received the request form, the criminal
history evaluation letter fee, and any supporting documentation as
described in the request form. In the absence of new evidence known
to but not disclosed by the requestor or not reasonably available
to the department at the time the letter is issued, the department's
ruling on the request determines the requestor's eligibility with
respect to the grounds for potential ineligibility set out in the
letter.
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