SECTION 114.9. Criminal History Evaluation Letter

(a) A person enrolled or planning to enroll in an educational program that prepares the person for initial certification as a dental assistant and who has reason to believe that he or she may be ineligible for licensure due to a conviction or deferred adjudication for a felony or a misdemeanor offense, may petition the Board for a Criminal History Evaluation Letter.

(b) The requestor must submit a petition that includes:

(1) a statement by the requestor indicating the reason(s) and basis of potential ineligibility;

(2) any applicable court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records and evidence of completion of probation;

(3) any other documentation requested by the Board; and

(4) the required fee.

(c) An investigation of the requestor's eligibility shall be conducted.

(d) If the Board determines that a ground for ineligibility does not exist, it shall notify the requestor in writing of the Board's determination on each ground of potential ineligibility.

(e) If the Board determines that the requestor is ineligible for a license, it shall issue a letter setting out each basis for potential ineligibility and the Board's determination as to eligibility. 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.

(f) The Board shall provide notice under subsection (d) of this section or issue a letter under subsection (e) of this section no later than the ninetieth (90th) day after the date the Board receives the request.

(g) The Board shall charge a person requesting an evaluation a fee not to exceed $100.00 to cover the cost of administering this section. The fee shall be non-refundable.

Source Note: The provisions of this §114.9 adopted to be effective May 19, 2010, 35 TexReg 3814