1. (a) Applications for licensure must be submitted on forms developed by the commission. Applications shall be accompanied by applicable licensing fees and annual registration fees.
2. (b) A licensee may request the commission to issue a criminal history evaluation letter regarding the person's eligibility for a license issued if the person is enrolled or planning to enroll in an educational program that prepares a person for an initial license or is planning to take an examination for an initial license.
3. (c) A licensee may request a criminal history evaluation letter if they have reason to believe ineligible for a license due to a conviction or deferred adjudication for a felony or misdemeanor offense. The request must state the basis for the potential ineligibility.
4. (d) The commission shall investigate a request submitted under this section and the requestor's eligibility that the authority has to investigate a person applying for a license.
5. (e) The commission must provide notice under subsection (a) of this section or issue a letter under subsection (b) of this section not later than the 90th day after the date of receipt of the request.
6. (f) 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.
7. (g) If the commission determines that the requestor is ineligible for a license, the licensing authority shall issue a letter setting out each 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 ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.
8. (h) The commission may charge a person requesting an evaluation under this section a fee adopted by the authority. Fees adopted by a licensing authority under this section must be in an amount sufficient to cover the cost of administering this section.
9. (i) The commission may charge a licensee requesting an evaluation under this section a fee adopted by the authority. Fees adopted by a licensing authority under this section must be in an amount sufficient to cover the cost of administering this section.
10. (j) Certain Grounds for Denial or Revocation of a License. The commission may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of an offense that directly relates to the duties and responsibilities of the licensed occupation.
11. (k) An offense that does not directly relate to the duties and responsibilities of the licensed occupation and that was committed less than five years before the date the person applies for the license.
12. (l) An offense listed in §3g, Article 42.12, Code of Criminal Procedure; or a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.
13. (m) The commission may issue a provisional license for a term of six months to an applicant who has been convicted of an offense.
14. (n) The commission shall revoke a provisional license if the provisional license holder commits a new offense; commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, if applicable; or violates the law or rules governing the practice of the occupation for which the provision license is issued.
15. (o) The commission shall issue the license for which the applicant originally applied to a provisional holder on the expiration of the provisional license term if the provisional license holder does not engage in conduct described by subsection (n) of this section.
16. (p) If the commission revokes a provisional license under subsection (n) of this section, the provisional license holder is disqualified from receiving the license for which the applicant originally applied.
17. (q) A licensee who is on community supervision, mandatory supervision, or parole and who is issued a provisional license under this section shall provide to the commission the name and contact information of the probation or parole department to which the person reports.
18. (r) The commission shall notify the probation or parole department that a provisional license has been issued. The probation or parole department shall notify the commission if the person's community supervision, mandatory supervision, or parole supervision is revoked during the term of the provisional license.
19. (s) An evaluation fee in the amount of $95 is due at the time of application.

Source Note:The provisions of this §203.42 adopted to be effective July 8, 2010, 35 TexReg 5832.