SECTION 60.42. Criminal History Evaluation Letters

(a) Pursuant to Texas Occupations Code Chapter 51, §51.4012 and Chapter 53, Subchapter D, a person may request the department issue a criminal history evaluation letter regarding the person's eligibility for a specific occupational license regulated by the department.

(b) A person may request the department issue an evaluation letter regarding whether the person may be eligible for a license if the person has a conviction or deferred adjudication for a felony or misdemeanor offense.

(c) To request an evaluation letter, the person must:

(1) submit the request using a department-approved form; and

(2) pay the required fee of $10.

(d) A person must submit a separate evaluation letter request and fee for each specific occupational license in which the department will evaluate the person's eligibility.

(e) An evaluation request is not considered to be a complete request until all required information is received. No evaluation letter will be issued for an incomplete request. The entire process from receipt of the completed request to the issuance of an evaluation letter will not exceed 90 days.

(f) The department will issue an evaluation letter in response to each criminal history evaluation letter request. The evaluation letter will state the department's determination on each ground of potential ineligibility.

(g) The department is not bound by its determination if:

(1) the requestor fails to disclose known information that is relevant to the evaluation; or

(2) there is a change in the person's circumstances after the evaluation letter is issued.

(h) The department's determination is not a contested case under Texas Government Code, Chapter 2001, and the determination may not be appealed. The department's determination does not prohibit or prevent a person from enrolling or attending an educational program, taking a licensing examination, or applying for a license.

Source Note: The provisions of this §60.42 adopted to be effective July 1, 2010, 35 TexReg 5525; amended to be effective June 15, 2021, 46 TexReg 3607; amended to be effective January 1, 2023, 47 TexReg 8627