(a) Request for Criminal History Evaluation Letter. A person may request the Commission 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 the examination for an initial license; and
  (2) has reason to believe he or she 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 person's potential ineligibility.
(c) Authority to Investigate. The Commission has the same powers to investigate a request submitted under this section and the requestor's eligibility that the Commission has to investigate a person applying for a license.
(d) Determination of Eligibility; Letter. If the Commission determines that a ground for ineligibility does not exist, the Commission shall notify the requestor in writing of the Commission's determination on each ground of potential ineligibility.
(e) Determination of Ineligibility; Letter. If the Commission determines that the requestor is ineligible for a license, the Commission shall issue a letter setting out each basis for potential ineligibility, including any factor considered under §651.217(b)(6) or §651.217(b)(7) of this subchapter that served as the basis for potential ineligibility, and the Commission'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 Commission at the time the letter is issued, the Commission'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 Commission must provide notice of determination of eligibility or ineligibility not later than the 90th day after the date the Commission receives the request.
(g) The Commission may charge a person requesting an evaluation under this section a $25 fee. Fees adopted by the Commission under this section must be in an amount sufficient to cover the cost of administering this section.

Source Note: The provisions of this §651.218 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective September 15, 2019, 44 TexReg 4878