| (a) Pursuant to Texas Occupations Code Chapter 51, §51.4012
and Chapter 53, Subchapter D, a person may request the department
issue a criminal history evaluation letter regarding the person's
eligibility for a specific occupational license regulated by the department.
(b) A person may request the department issue an evaluation
letter regarding whether the person may be eligible for a license
if the person has a conviction or deferred adjudication for a felony
or misdemeanor offense.
(c) To request an evaluation letter, the person must:
(1) submit the request using a department-approved
form; and
(2) pay the required fee of $10.
(d) A person must submit a separate evaluation letter
request and fee for each specific occupational license in which the
department will evaluate the person's eligibility.
(e) An evaluation request is not considered to be a
complete request until all required information is received. No evaluation
letter will be issued for an incomplete request. The entire process
from receipt of the completed request to the issuance of an evaluation
letter will not exceed 90 days.
(f) The department will issue an evaluation letter
in response to each criminal history evaluation letter request. The
evaluation letter will state the department's determination on each
ground of potential ineligibility.
(g) The department is not bound by its determination
if:
(1) the requestor fails to disclose known information
that is relevant to the evaluation; or
(2) there is a change in the person's circumstances
after the evaluation letter is issued.
(h) The department's determination is not a contested
case under Texas Government Code, Chapter 2001, and the determination
may not be appealed. The department's determination does not prohibit
or prevent a person from enrolling or attending an educational program,
taking a licensing examination, or applying for a license.
|
| Source Note: The provisions of this §60.42 adopted to be effective July 1, 2010, 35 TexReg 5525; amended to be effective June 15, 2021, 46 TexReg 3607; amended to be effective January 1, 2023, 47 TexReg 8627 |
