1. (a) An individual enrolled or planning to enroll in a basic nursing program who has reason to believe that he or she may be ineligible for licensure, may petition the Board for a declaratory order as to his or her eligibility.

2. (b) The individual must submit a petition on forms provided by the Board which includes:

   1. (1) a statement by the individual indicating the reason(s) and basis of potential ineligibility;
   2. (2) if the potential ineligibility is due to criminal conviction, any court documents including, but not limited to, any indictments, judgments, probation records and evidence of completion of probation, if applicable;
   3. (3) if the potential ineligibility is due to mental illness, evidence of evaluation, including a prognosis, by a psychologist or psychiatrist, evidence of treatment, including any medication;
   4. (4) if the potential ineligibility is due to chemical dependency including alcohol, evidence of evaluation and treatment, after care and support group attendance; and
   5. (5) the required fee which is not refundable.
3. (c) An investigation of the petition and the individual's eligibility shall be conducted.
4. (d) The petitioning individual or the Board may amend the petition at any time before a final determination is made.
5. (e) If the executive director proposes to find the petitioning individual ineligible for licensure, the petitioner may obtain a hearing before an ALJ by making such a request in writing to the executive director. The hearing shall be conducted in accordance with §213.22 of this title (relating to Formal Proceedings) and the rules of the SOAH. When in conflict, the SOAH rules governing hearing procedure will prevail. The decision of the Board shall be rendered in accordance with §213.23 of this title (relating to Decision of the Board).

Source Note:The provisions of this §213.30 adopted to be effective September 1, 1998, 23 TexReg 6444.