22 Tex. Admin. Code § 271.7 - Criminal History Evaluation Letters
(a)
Authority. A person may request the Board to issue a criminal history
evaluation letter regarding the person's eligibility for a license as
authorized by Chapter 53 of the Texas Occupations Code.
(b) Eligibility. Only a person planning to
enroll or who is enrolled in optometry school and who has reason to believe
that the person is ineligible for licensure due to a conviction or deferred
adjudication for a felony or misdemeanor offense may request the criminal
history evaluation letter.
(c)
Request. The request must include:
(1) A
completed Board request form available from the Board;
(2) A statement by the person of the basis
for the person's potential ineligibility;
(3) The required fee set out in §
273.4 of this title (relating to
Fees (Not Refundable));
(4)
Official copies of all court documentation regarding a conviction or deferred
adjudication which the person believes may make that person ineligible for
license; and
(5) Proof that the
person has requested the Federal Bureau of Investigation and the Texas
Department of Public Safety to provide a criminal history report to the Board
based on fingerprints submitted by the person.
(d) Investigation. The Board has the same
powers to investigate a request submitted under this section and the person's
eligibility that the Board has to investigate a person applying for a license.
The Board may request additional information from the person in order to
complete the investigation. The person must timely respond to requests from the
Board.
(e) Issuance of Letter. The
Board will issue a letter stating that a ground for ineligibility does not
exist or a letter setting out each basis for potential ineligibility and the
Board's determination as to eligibility, within 90 days of the receipt of the
items listed in subsection (c) of this section, and receipt of the criminal
history report on the person from the Federal Bureau of Investigation and the
Texas Department of Public Safety. The 90 day period may be extended if the
person has not timely provided information requested by the Board.
(f) Limitation of Board's Determination. In
the absence of new evidence known to but not disclosed by the person or not
reasonably available to the Board at the time the letter is issued, the Board's
ruling on the request determines the person's eligibility with respect to the
grounds for potential ineligibility set out in the letter. The letter is
limited to the law in effect on the date the letter is issued.
Notes
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