(a) Definitions. The following terms, when used in this section, have the following meanings:
  (1) Agency or OCCC--The Office of Consumer Credit Commissioner of the State of Texas.
  (2) Commissioner--The Consumer Credit Commissioner of the State of Texas.
  (3) Principal party--An individual who would qualify as a principal party as provided by the relevant chapter of this title under which a business entity is considering applying for a license or registration.
(b) Purpose. The purpose of this section is to provide the procedures for a potential applicant to request a criminal history evaluation letter from the OCCC under Texas Occupations Code, Chapter 53, Subchapter D.
(c) Applicability.
  (1) This section applies to an individual who:
    (A) is considering applying for a license or registration for which the OCCC may obtain criminal history record information;
    (B) is enrolled or planning to enroll in an educational program that prepares the individual for a license or registration, or is planning to take an examination for a license or registration, as provided by Texas Occupations Code, §53.102(a)(1); and
    (C) has reason to believe that the individual is ineligible for the license or registration due to a conviction or deferred adjudication for a felony or misdemeanor offense, as provided by Texas Occupations Code, §53.102(a)(2).
  (2) This section applies to a business entity that:
    (A) is considering applying for a license or registration for which the OCCC may obtain criminal history record information; and
    (B) has at least one principal party who:
      (i) is enrolled or planning to enroll in an educational program that prepares the principal party for a license or registration, or is planning to take an examination for a license or registration, as provided by Texas Occupations Code, §53.102(a)(1); and
      (ii) has reason to believe that the business entity is ineligible for the license or registration due to a conviction or deferred adjudication for a felony or misdemeanor offense of the principal party, as provided by Texas Occupations Code, §53.102(a)(2).
(d) Required information. In order to request a criminal history evaluation letter, a person must submit the request in a format prescribed by the commissioner at the date of filing and in accordance with the commissioner's instructions. The commissioner may accept the use of prescribed alternative formats in order to accept approved electronic submissions. The request must include the following:
  (1) a description of any educational program that the requestor is enrolled in or planning to enroll in to prepare for the license or registration;
  (2) a description of any examination that the requestor is planning to take for the license or registration;
  (3) all court documentation relevant to the requestor's criminal history, including:
    (A) copies of all court indictments, judgments, and orders against the requestor; and
    (B) an explanation of the circumstances and events of the criminal action that led to the arrest, conviction, or sentence;
  (4) the basis for the requestor's potential ineligibility for a license or registration; and
  (5) an explanation of why any potential ineligibility should be disregarded.
(e) Business entities. A business entity must provide the information required by subsection (d) for the entity and for each principal party.
(f) Processing fees. A requestor must pay a $75 processing fee to the OCCC for each individual or business entity that is considering applying for a license or registration. The requestor must pay the fee at the time the request is filed. In addition, for each individual potential applicant and each principal party, the requestor must pay a fee to a party designated by the Texas Department of Public Safety for processing fingerprints. The Texas Department of Public Safety and the designated party determine the amount of the fee and whether it is refundable.
(g) Notice of agency determination. Upon completion of the agency's investigation, the agency will notify the requestor of the agency's determination within 90 days of the requestor satisfying all of the agency's requests for information to complete the criminal history evaluation letter request. The determination letter will include the agency's determination on each ground of potential ineligibility.

Source Note: The provisions of this §82.3 adopted to be effective November 5, 2009, 34 TexReg 7601; amended to be effective June 30, 2016, 41 TexReg 4641