37 Tex. Admin. Code § 344.420 - Review of Criminal History
(a) A department or
facility must request review from TJJD and receive confirmation from TJJD that
approval has been granted before:
(1) hiring,
contracting with, or otherwise placing a person with a criminal history
described by §
344.410(a) of
this chapter into a position requiring certification; or
(b) The
purpose of the review by TJJD is to determine whether TJJD will deny a
certification for the individual due to ineligibility for certification based
on the criminal history. TJJD will conduct the review in accordance with this
section.
(c) TJJD will first
determine if the criminal history offense(s) directly relate to the duties and
responsibilities of the position for which certification is required or sought.
In making this determination, TJJD will consider:
(1) the nature and seriousness of the
crime(s);
(2) the relationship of
the crime(s) to the purposes for requiring a certification to engage in the
occupation;
(3) the extent to which
a certification might offer an opportunity to engage in further criminal
activity of the same type as that in which the person was previously
involved;
(4) the relationship of
the crime(s) to the ability or capacity required to perform the duties and
discharge the responsibilities of the position; and
(5) any correlation between the elements of
the crime(s) and the duties and responsibilities of the position.
(d) If TJJD determines the
criminal history offense(s) do not directly relate to the duties and
responsibilities of the position, TJJD will not deny the certification based on
the criminal history.
(e) If TJJD
determines the criminal history offense(s) directly relate to the duties and
responsibilities of the position, TJJD will consider the following in
determining whether to deny certification:
(1)
the extent and nature of past criminal activity;
(2) the age of the person when each crime was
committed;
(3) the amount of time
that has elapsed since the person's last criminal activity;
(4) the conduct and work activity of the
person before and after the criminal activity;
(5) evidence of the person's rehabilitation
and rehabilitative effort while incarcerated or after release;
(6) evidence of the person's compliance with
any conditions of probation, community supervision, parole, or mandatory
supervision; and
(7) any other
evidence of the person's fitness to perform the duties of the position
requiring certification, including any letters of recommendation.
(f) The individual to be certified
is responsible for providing TJJD with the information required by TJJD to make
its decision. Failure to timely provide TJJD with requested information may
result in a denial of certification.
(g) In making its determinations under this
section, TJJD will not consider an arrest that did not result in a conviction
or placement on deferred adjudication.
(h) If TJJD determines that the criminal
history will not result in a denial of certification, TJJD will inform the
individual and the department or facility, which may then proceed, as
appropriate, with hiring, contracting with, or otherwise placing the individual
into a position requiring certification or with seeking certification for the
individual.
(i) If TJJD determines
that the criminal history should result in a certification being denied, TJJD
will provide the individual with written notice of the reason for the intended
denial and will give the individual at least 30 calendar days to submit any
relevant information for consideration. The written notice will comport with
the requirements in Section
53.0231, Texas
Occupations Code. TJJD will provide a copy of the written notice to the
administrative officer of the hiring entity.
(j) Upon receipt of additional information as
provided in subsection (i) of this section, TJJD will conduct an additional
review in accordance with this section and will provide its final decision to
the individual and to the department or facility that requested the initial
review.
Notes
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