(a) An individual may request the agency to issue a criminal history evaluation letter regarding the individual's eligibility for a license if the individual:
  (1) is enrolled or planning to enroll in an educational program that prepares the individual for an initial license or is planning to take an examination for an initial license; and
  (2) has reason to believe that the individual is ineligible for the license due to a conviction or deferred adjudication for a felony or misdemeanor offense.
(b) The request must state the basis for the individual's potential ineligibility.
(c) The executive director has the same powers to investigate a request relating to the requestor's eligibility that it has to investigate a person applying for a license.
(d) If the executive director determines that a ground for ineligibility does not exist, the executive director shall notify the requestor in writing of the executive director's determination on each ground of potential ineligibility.
(e) If the executive director determines that the requestor is ineligible for a license, the executive director shall issue a letter setting out each basis for potential ineligibility and the executive director's determination as to eligibility. Subject to subsection (g) of this section, the executive director's determination of eligibility is final.
(f) The executive director must provide notice under subsection (d) of this section or issue a letter under subsection (e) of this section not later than the 90th day after the date the executive director receives the request.
(g) Upon the executive director's discovery of new facts unknown or undisclosed at the time of the determination of eligibility, the executive director may re-evaluate the eligibility of the requestor.

Source Note: The provisions of this §30.13 adopted to be effective July 8, 2010, 35 TexReg 5894