Section 601.23 - Request for Criminal History Evaluation Letter(a) In accordance with Texas Occupations Code, § 53.102, a person may request the board to issue a criminal history evaluation letter regarding the person's eligibility for a license if the person: (1) is enrolled or planning to enroll in an educational program that prepares a person for an initial license or is planning to take an examination for an initial license; and(2) has reason to believe that the person is ineligible for the license due to a conviction for a felony or misdemeanor offense.(b) A person making a request for issuance of a criminal history evaluation letter shall submit the request on a form prescribed by the board, accompanied by the criminal history evaluation letter fee and the required supporting documentation, as described on the form. The request shall state the basis for the person's potential ineligibility.(c) The board has the same authority to investigate a request submitted under this subsection and the requestor's eligibility that the board has to investigate a person applying for a license.(d) If the board determines that a ground for ineligibility does not exist, the board shall notify the requestor in writing of the determination. The notice shall be issued not later than the 90th day after the date the board received the request form, the criminal history evaluation letter fee, and any supporting documentation as described in the request form.(e) If the board determines that the requestor is ineligible for a license, the board shall issue a letter setting out each basis for potential ineligibility and the board's determination as to eligibility. The letter shall be issued not later than the 90th day after the date the board received the request form, the criminal history evaluation letter fee, and any supporting documentation as described in the request form. 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.22 Tex. Admin. Code § 601.23
The provisions of this §601.23 adopted to be effective August 30, 2012, 37 TexReg 6594