1. (a) Purpose and definitions. The purpose of this section is to provide the procedures for a person considering applying for a license from the Office of Consumer Credit Commissioner to request a criminal history evaluation letter regarding the person's eligibility for a license under Texas Occupations Code, Chapter 53, Subchapter D. This section adopts the words and terms as defined in §82.2 of this title (relating to Public Information Requests; Charges).
2. (b) Applicability. This section applies to all persons, including business entities, considering applying for a license with the agency under Title 4 of the Texas Finance Code. This section also applies to any other licensed business, occupation, or profession requiring a criminal history evaluation assigned to the regulatory authority of the agency under other law.

3. (c) Required information. A request for a criminal history evaluation letter must be submitted 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. Appropriate fees must be filed with the request, and the request must include the following:

   1. (1) all court documentation relevant to the requestor's criminal history, including:

      1. (A) copies of all court indictments, judgments, and orders against the requestor; and
      2. (B) an explanation of the circumstances and events of the criminal action that led to the arrest, conviction, or sentence;
   2. (2) the basis for the requestor's potential ineligibility for a license; and
   3. (3) an explanation as to why any potential ineligibility should be disregarded.
4. (d) Business entities. Business entities must provide the information required by subsection (c) of this section for every individual who would qualify as a principal party if the entity were applying for a license. To determine qualifying principal parties, each business entity requesting a determination under this section should consult the definition of "principal party" located in the respective chapter of this title under which the entity is considering applying for a license.
5. (e) Processing fees. The fees to process a request for a criminal history evaluation letter are $75 for each entity requestor plus $40 for fingerprint processing for each individual or principal party included in the criminal history evaluation letter request.
6. (f) 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.