| (a) Request for Criminal History Evaluation Letter.
A person may request the Commission 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 the examination for an initial license; and
(2) has reason to believe he or she is ineligible for
the license due to a conviction or deferred adjudication for a felony
or misdemeanor offense.
(b) The request must state the basis for the person's
potential ineligibility.
(c) Authority to Investigate. The Commission has the
same powers to investigate a request submitted under this section
and the requestor's eligibility that the Commission has to investigate
a person applying for a license.
(d) Determination of Eligibility; Letter. If the Commission
determines that a ground for ineligibility does not exist, the Commission
shall notify the requestor in writing of the Commission's determination
on each ground of potential ineligibility.
(e) Determination of Ineligibility; Letter. If the
Commission determines that the requestor is ineligible for a license,
the Commission shall issue a letter setting out each basis for potential
ineligibility, including any factor considered under §651.217(b)(6)
or §651.217(b)(7) of this subchapter that served as the basis
for potential ineligibility, and the Commission's determination as
to eligibility. In the absence of new evidence known to but not disclosed
by the requestor or not reasonably available to the Commission at
the time the letter is issued, the Commission's ruling on the request
determines the requestor's eligibility with respect to the grounds
for potential ineligibility set out in the letter.
(f) The Commission must provide notice of determination
of eligibility or ineligibility not later than the 90th day after
the date the Commission receives the request.
(g) The Commission may charge a person requesting an
evaluation under this section a $25 fee. Fees adopted by the Commission
under this section must be in an amount sufficient to cover the cost
of administering this section.
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