(a) Prior to applying for licensure, an individual seeking licensure may request that agency staff review the person's criminal history to determine if the person is ineligible for licensure based solely on the person's criminal background.
(b) Requestors must submit their requests in writing along with appropriate fees as provided in §175.1 of this title (relating to Application Fees).
(c) The agency may require additional documentation including fingerprint cards before issuing a criminal history evaluation letter.
(d) The agency shall provide criminal history evaluation letters that include the basis for ineligibility if grounds for ineligibility exist to all requestors no later than the 90th day after the agency receives all required documentation to allow the agency to respond to a request.
(e) If a requestor does not provide all requested documentation within one year of submitting the original request, the requestor must submit a new request along with appropriate fees.
(f) All evaluations letters shall be based on existing law at the time of the request. All requestors remain subject to the requirements for licensure at the time of application and may be determined ineligible under existing law at the time of application. If a requestor fails to provide complete and accurate information to the agency, the agency may invalidate the criminal history evaluation letter.
(g) An individual shall be permitted to apply for licensure, regardless of the agency's determination in a criminal history evaluation letter.

Source Note: The provisions of this §168.2 adopted to be effective November 29, 2009, 34 TexReg 8531