(a) The executive director shall notify the individual
in writing of the intent to suspend or revoke a license or deny the
individual a license or the opportunity to be examined for a license
(notice of intent) because of the individual's prior conviction of
an offense. The notice of intent shall:
(1) include the reason for the suspension, revocation,
denial, or disqualification, including any factor considered under §30.34
of this title (relating to Factors in Determining Whether a Conviction
Directly Relates to the Licensed Occupation) that served as the basis
for the suspension, revocation, denial, or disqualification;
(2) notify the individual that it is the individual's
responsibility to obtain and provide to the licensing authority evidence
regarding the factors listed in §30.34(b) of this title;
(3) allow the individual 30 days to submit any relevant
information to the licensing authority for further consideration.
(b) The executive director shall notify the individual
in writing of the final decision to suspend or revoke a license or
deny the individual a license or the opportunity to be examined for
the license (final notice) because of the individual's prior conviction
of the offense(s) specified in the notice of intent. The final notice
shall:
(1) include the reason for the suspension, revocation,
denial, or disqualification, including any factor considered under §30.34
of this title that served as the basis for the suspension, revocation,
denial, or disqualification;
(2) notify the individual of the review procedure provided
by §30.35 of this title (relating to Guidelines); and
(3) include the deadline by which the individual may
appeal the action of the commission.
|
Source Note: The provisions of this §30.36 adopted to be effective July 8, 2010, 35 TexReg 5894; amended to be effective July 10, 2014, 39 TexReg 5181; amended to be effective December 9, 2020, 45 TexReg 8775 |