16 Tex. Admin. Code § 60.42 - Criminal History Evaluation Letters
(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.
Notes
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