| (a) In compliance with Chapter 53 of the Occupations
Code, the Council will provide criminal history evaluation letters.
(b) A person may request the Council provide a criminal
history evaluation letter if the person is planning to enroll or is
enrolled in an educational program that prepares the person for a
license with this agency and the person has reason to believe that
the person may be ineligible for licensure due to a conviction or
deferred adjudication for a felony or misdemeanor offense.
(c) The requestor must submit to the Council a completed
application form requesting an evaluation letter, the required fee,
and certified copies of court documentation about all convictions,
deferred adjudications, or other final dispositions which may form
the basis for the person's ineligibility.
(d) Requestors must obtain a fingerprint criminal history
record check after they have submitted an application for a criminal
history evaluation letter.
(e) The Council has the authority to investigate a
request for a criminal history evaluation letter and may require the
requestor to provide additional information about the convictions
and other dispositions.
(f) The Council will provide a written response to
the requestor within 90 days of receipt of the request, unless a more
extensive investigation is required or the requestor fails to comply
with the Council's investigation.
(g) In the absence of new evidence known to but not
disclosed by the requestor or not reasonably available to the licensing
authority at the time the letter is issued, the Council's ruling on
the request determines the requestor's eligibility with respect to
the grounds for potential ineligibility set out in the letter.
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