Rule 3.5 - Eligibility for Persons with Criminal History(a) An initial or renewal application may be denied, and a regulated person may be disciplined, if the person's criminal history or other information indicates that the person lacks the honesty, trustworthiness, or integrity to hold the certification, registration, or license. After consultation with the appropriate advisory boards, the Commission will develop and publish on its website guidelines for each regulatory program listing the categories of crimes that are considered to indicate that a person lacks the honesty, trustworthiness, or integrity to hold the particular certification, registration, or license. The Director will determine whether an initial or renewal application will be denied under this rule using the guidelines developed by the Commission and the factors listed in (b). If the Director denies an application, the applicant may request that the Commission reconsider the decision under Rule 3.6.(b) In making a determination under (a), the Commission or Director may consider:(1) the nature and seriousness of the crime;(2) the extent to which certification, registration, or licensing might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(3) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the occupation;(4) the extent and nature of the person's past criminal activity;(5) the age of the person when the crime was committed;(6) the amount of time that has elapsed since the person's last criminal activity;(7) the conduct and work activity of the person before and after the criminal activity;(8) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(9) proof that the applicant: (A) maintained a record of steady employment;(B) supported his or her dependents;(C) maintained a record of good conduct; and(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and(10) any other evidence of the person's fitness, including, but not limited to, letters of recommendation.(c) A person may request that the Commission, through the Director, issue a criminal history evaluation letter regarding the person's eligibility for certification or licensure under this rule.(1) The person may request a criminal history evaluation letter if the person: (A) is enrolled or is planning to enroll in an educational program that prepares a person for an initial certification or license or is planning to take an examination required by the Commission for an initial certification or license; and(B) has reason to believe that the person is ineligible for certification or licensing due to a conviction or deferred adjudication for a felony or misdemeanor offense or other criminal history.(2) The request must be in writing and must state the basis for the person's potential ineligibility. The requestor must provide the Commission with his or her criminal records pursuant to the fingerprinting requirements for the particular certification or licensing program. The Commission may request additional information from the requestor.(3) If the Director determines that a ground for ineligibility does not exist, the Director must notify the requestor in writing of the Director's determination on each ground of potential ineligibility.(4) If the Director determines that the requestor is ineligible, the Director must issue a letter setting out each basis for potential ineligibility and the Director's determination as to eligibility.(5) The Director must provide notice under (c)(3) or issue a letter under (c)(4) not later than the 90th day after the date the Commission receives the request or, if applicable, the Commission receives additional information regarding the request under (c)(2) of this rule.(6) The Commission is not bound by the Director's determination if: (A) the requestor fails to disclose known information that is relevant to the evaluation; or(B) there is a change in the person's circumstances after the evaluation notice or letter is issued.Tex. R. Judi. Cert. Commi. 3.5
Amended effective 4/12/2018 immediately.