1. (a) Criminal history record. The commission is entitled to obtain criminal history record information maintained by the Department of Public Safety, or another law enforcement agency to investigate the eligibility of a person applying to the commission for or holding a certificate.

2. (b) Confidentiality of information. All information received under this section is confidential and may not be released to any person outside the agency except in the following instances:

   1. (1) a court order;
   2. (2) with written consent of the person being investigated;
   3. (3) in a criminal proceeding; or
   4. (4) in a hearing conducted under the authority of the commission.
3. (c) Early review. A fire department that employs a person regulated by the commission, a person seeking to apply for a beginning position with a regulated entity, a volunteer fire department, or an individual participating in the commission certification program may seek the early review under this chapter of the person's present fitness to be certified. Prior to completing the requirements for certification, the individual may request such a review in writing by submitting the required forms and fee(s). A decision based on an early review does not bind the commission if there is a change in circumstances.

Source Note:The provisions of this §403.5 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective July 23, 2007, 32 TexReg 4550; amended to be effective December 18, 2012, 37 TexReg 9782.