22 Tex. Admin. Code § 114.9 - Criminal History Evaluation Letter
(a) A
person enrolled or planning to enroll in an educational program that prepares
the person for initial certification as a dental assistant and who has reason
to believe that he or she may be ineligible for licensure due to a conviction
or deferred adjudication for a felony or a misdemeanor offense, may petition
the Board for a Criminal History Evaluation Letter.
(b) The requestor must submit a petition that
includes:
(1) a statement by the requestor
indicating the reason(s) and basis of potential ineligibility;
(2) any applicable court documents including,
but not limited to, indictments, orders of deferred adjudication, judgments,
probation records and evidence of completion of probation;
(3) any other documentation requested by the
Board; and
(4) the required
fee.
(c) An
investigation of the requestor's eligibility shall be conducted.
(d) If the Board determines that a ground for
ineligibility does not exist, it shall notify the requestor in writing of the
Board's determination on each ground of potential ineligibility.
(e) If the Board determines that the
requestor is ineligible for a license, it shall issue a letter setting out each
basis for potential ineligibility and the Board's determination as to
eligibility. In the absence of new evidence known to but not disclosed by the
requestor or not reasonably available to the Board at the time the letter is
issued, the Board's ruling on the request determines the requestor's
eligibility with respect to the grounds for potential ineligibility set out in
the letter.
(f) The Board shall
provide notice under subsection (d) of this section or issue a letter under
subsection (e) of this section no later than the ninetieth (90th) day after the
date the Board receives the request.
(g) The Board shall charge a person
requesting an evaluation a fee not to exceed $100.00 to cover the cost of
administering this section. The fee shall be non-refundable.
Notes
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