|(a) Prior to submitting an application for licensure,
a person may request the Commission issue a criminal history evaluation
letter regarding the person's eligibility for a license if the person
is enrolled or planning to enroll in an educational program that prepares
a person for an initial license.
(b) A person may request a criminal history evaluation
letter if he or she has reason to believe the Commission may determine
that he or she is ineligible for a license due to a conviction or
deferred adjudication for a felony or misdemeanor offense outlined
in §203.16(h) of this title. The request must state the basis
for the potential ineligibility.
(c) The Commissioners must consider the application
for a criminal history evaluation letter at the next regularly scheduled
Commission meeting if all requested information is received in a timely
(d) If the Commissioners determine that a ground for
ineligibility does not exist, the Commission shall notify the requestor
in writing of the Commission's determination of eligibility. The motion
for eligibility is subject to the criminal behavior known to the Commission
as of the date of the determination. Any future criminal behavior
could impact the issuance of a license.
(e) If the Commissioners determine that a ground for
ineligibility does exist, the Commission shall notify the requestor
in writing of the Commission's determination of ineligibility.
(f) The Commission may charge a person requesting an
evaluation under this section a fee. Fees must be in an amount sufficient
to cover the cost of administering this section.
(g) The Commissioners may issue a probated license
to an applicant who is not ineligible under subsection (d) of this
section, but has been convicted of an offense by authorizing the Executive
Director to enter into an Agreed Order with the licensee. The Agreed
Order shall specify the terms of the probation and the consequences
of violating the Order. Once the terms of the probated license have
been satisfied, the person shall be licensed as any other licensee
who had not been on probation.
(h) The Commission shall revoke, without hearing, a
probated license if the license holder commits a new offense; commits
an act or omission that causes the person's community supervision,
mandatory supervision, or parole to be revoked, if applicable; or
violates Occupations Code Chapter 651 or the Rules of the Commission.
(i) A person who is on community supervision, mandatory
supervision, or parole and who is issued a license under this section
shall provide to the Commission the name and contact information of
the probation or parole department to which the person reports. The
Commission shall notify the probation or parole department that a
license has been issued.