| (a) An Applicant, Candidate or a person enrolled or
planning to enroll in an accredited architectural educational program
may make a written request to the Board's executive director for a
preliminary criminal history evaluation letter which states the person's
eligibility for registration under §1.149 of this chapter (relating
to Criminal Convictions).
(b) A person who requests a criminal history evaluation
shall provide the following information:
(1) a statement describing the offenses for which the
requestor has a criminal history;
(2) any court documents including, but not limited
to, indictments, orders of deferred adjudication, judgments, probation
records, and evidence of completion of probation, if applicable;
(3) the names and contact information of the parole
or probation department, if any, to which the requestor reports; and
(4) the required fee for determining eligibility.
(c) Within 90 days after receiving a request which
complies with subsection (b) of this section, the executive director
shall issue a criminal history evaluation letter which states:
(1) a determination that a ground for ineligibility
based upon criminal conduct does not exist; or
(2) a determination that the requestor is ineligible
due to criminal conduct and a specific explanation of the basis for
that determination, including any factor considered under §1.149(c)
or (d) of this chapter that served as the basis for the determination.
(d) For purposes of determining eligibility for registration,
a record of conviction is conclusive evidence of guilt. The Board
may not consider a conviction in determining eligibility for registration
upon receipt of proof that the conviction or an order of probation
with or without adjudication of guilt has been reversed or set aside.
(e) In the absence of evidence that was not disclosed
by the requestor or reasonably available when a request for a criminal
history evaluation was under consideration, the executive director's
criminal history evaluation letter is a final determination regarding
the requestor's eligibility for registration. If found to be ineligible
for registration, a requestor may not apply for registration until
one year after the date the letter is issued. A requestor who is determined
to be ineligible may:
(1) submit a request for reconsideration of the determination
of ineligibility based upon evidence that was not disclosed or reasonably
available to the agency at the time the determination was made;
(2) submit a new request for an evaluation no sooner
than one year after the date upon which the criminal history evaluation
letter was issued; or
(3) request a hearing on the determination made in
the executive director's criminal history evaluation letter. A hearing
conducted pursuant to this section is subject to the Administrative
Procedure Act, Chapter 2001, Government Code.
(f) The Board shall issue a final order on the determination
made in the criminal history evaluation after consideration of a proposal
for decision issued by an administrative law judge at the State Office
of Administrative Hearings. The Board's final order must specify findings
of fact and conclusions of law, stated separately, regarding the person's
eligibility for registration in light of his or her criminal history
record.
(g) A person who is found to be ineligible by a final
order of the Board may not file another request for a criminal history
evaluation or apply for registration until three (3) years after the
date of the Board's final order. However, a person may request reconsideration
of the final order based upon evidence that was not disclosed or reasonably
available to the Board at the time the final order was issued.
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