| (a) Definitions. The following terms, when used in
this section, have the following meanings:
(1) Agency or OCCC--The Office of Consumer Credit Commissioner
of the State of Texas.
(2) Commissioner--The Consumer Credit Commissioner
of the State of Texas.
(3) Principal party--An individual who would qualify
as a principal party as provided by the relevant chapter of this title
under which a business entity is considering applying for a license
or registration.
(b) Purpose. The purpose of this section is to provide
the procedures for a potential applicant to request a criminal history
evaluation letter from the OCCC under Texas Occupations Code, Chapter
53, Subchapter D.
(c) Applicability.
(1) This section applies to an individual who:
(A) is considering applying for a license or registration
for which the OCCC may obtain criminal history record information;
(B) is enrolled or planning to enroll in an educational
program that prepares the individual for a license or registration,
or is planning to take an examination for a license or registration,
as provided by Texas Occupations Code, §53.102(a)(1); and
(C) has reason to believe that the individual is ineligible
for the license or registration due to a conviction or deferred adjudication
for a felony or misdemeanor offense, as provided by Texas Occupations
Code, §53.102(a)(2).
(2) This section applies to a business entity that:
(A) is considering applying for a license or registration
for which the OCCC may obtain criminal history record information;
and
(B) has at least one principal party who:
(i) is enrolled or planning to enroll in an educational
program that prepares the principal party for a license or registration,
or is planning to take an examination for a license or registration,
as provided by Texas Occupations Code, §53.102(a)(1); and
(ii) has reason to believe that the business entity
is ineligible for the license or registration due to a conviction
or deferred adjudication for a felony or misdemeanor offense of the
principal party, as provided by Texas Occupations Code, §53.102(a)(2).
(d) Required information. In order to request a criminal
history evaluation letter, a person must submit the request in a format
prescribed by the commissioner at the date of filing and in accordance
with the commissioner's instructions. The commissioner may accept
the use of prescribed alternative formats in order to accept approved
electronic submissions. The request must include the following:
(1) a description of any educational program that the
requestor is enrolled in or planning to enroll in to prepare for the
license or registration;
(2) a description of any examination that the requestor
is planning to take for the license or registration;
(3) all court documentation relevant to the requestor's
criminal history, including:
(A) copies of all court indictments, judgments, and
orders against the requestor; and
(B) an explanation of the circumstances and events
of the criminal action that led to the arrest, conviction, or sentence;
(4) the basis for the requestor's potential ineligibility
for a license or registration; and
(5) an explanation of why any potential ineligibility
should be disregarded.
(e) Business entities. A business entity must provide
the information required by subsection (d) for the entity and for
each principal party.
(f) Processing fees. A requestor must pay a $75 processing
fee to the OCCC for each individual or business entity that is considering
applying for a license or registration. The requestor must pay the
fee at the time the request is filed. In addition, for each individual
potential applicant and each principal party, the requestor must pay
a fee to a party designated by the Texas Department of Public Safety
for processing fingerprints. The Texas Department of Public Safety
and the designated party determine the amount of the fee and whether
it is refundable.
(g) Notice of agency determination. Upon completion
of the agency's investigation, the agency will notify the requestor
of the agency's determination within 90 days of the requestor satisfying
all of the agency's requests for information to complete the criminal
history evaluation letter request. The determination letter will include
the agency's determination on each ground of potential ineligibility.
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