22 Tex. Admin. Code § 5.36 - Preliminary Evaluation of Criminal History
(a) An Applicant, Candidate or a person
enrolled or planning to enroll in a qualifying Interior Design educational
program may make a written request to the Board's executive director for a
preliminary criminal history evaluation letter which states the person's
eligibility for registration under §
5.158 of this chapter (relating to
Criminal Convictions).
(b) A person
who requests a criminal history evaluation shall provide the following
information:
(1) a statement describing the
offenses for which the requestor has a criminal history;
(2) any court documents including, but not
limited to, indictments, orders of deferred adjudication, judgments, probation
records, and evidence of completion of probation, if applicable;
(3) the names and contact information of the
parole or probation department, if any, to which the requestor reports;
and
(4) the required fee for
determining eligibility.
(c) Within 90 days after receiving a request
which complies with subsection (b) of this section, the executive director
shall issue a criminal history evaluation letter which states:
(1) a determination that a ground for
ineligibility based upon criminal conduct does not exist; or
(2) a determination that the requestor is
ineligible due to criminal conduct and a specific explanation of the basis for
that determination, including any factor considered under §
5.158(c) or (d)
of this chapter that served as the basis for the determination.
(d) For purposes of determining
eligibility for registration, a record of conviction is conclusive evidence of
guilt. The Board may not consider a conviction in determining eligibility for
registration upon receipt of proof that the conviction or an order of probation
with or without adjudication of guilt has been reversed or set aside.
(e) In the absence of evidence that was not
disclosed by the requestor or reasonably available when a request for a
criminal history evaluation was under consideration, the executive director's
criminal history evaluation letter is a final determination regarding the
requestor's eligibility for registration. If found to be ineligible for
registration, a requestor may not apply for registration until one year after
the date the letter is issued. A requestor who is determined to be ineligible
may:
(1) submit a request for reconsideration
of the determination of ineligibility based upon evidence that was not
disclosed or reasonably available to the agency at the time the determination
was made;
(2) submit a new request
for an evaluation no sooner than one year after the date upon which the
criminal history evaluation letter was issued; or
(3) request a hearing on the determination
made in the executive director's criminal history evaluation letter. A hearing
conducted pursuant to this section is subject to the Administrative Procedure
Act, Chapter 2001, Government Code.
(f) The Board shall issue a final order on
the determination made in the criminal history evaluation after consideration
of a proposal for decision issued by an administrative law judge at the State
Office of Administrative Hearings. The Board's final order must specify
findings of fact and conclusions of law, stated separately, regarding the
person's eligibility for registration in light of his or her criminal history
record.
(g) A person who is found
to be ineligible by a final order of the Board may not file another request for
a criminal history evaluation or apply for registration until three years after
the date of the Board's final order. However, a person may request
reconsideration of the final order based upon evidence that was not disclosed
or reasonably available to the Board at the time the final order was
issued.
Notes
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