Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.17 - Criminal History Evaluation Letter

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior to submitting an application for licensure, a person may request the
				  Commission issue a criminal history evaluation letter regarding the person's
				  eligibility for a license if the person is enrolled or planning to enroll in an
				  educational program that prepares a person for an initial license.
(b) A person may request a criminal history
				  evaluation letter if he or she has reason to believe the Commission may
				  determine that he or she is ineligible for a license due to a conviction or
				  deferred adjudication for a felony or misdemeanor offense outlined in §
										203.16(h)
				  of this title. The request must state the basis for the potential
				  ineligibility.
(c) The
				  Commissioners must consider the application for a criminal history evaluation
				  letter at the next regularly scheduled Commission meeting if all requested
				  information is received in a timely manner.
(d) If the Commissioners determine that a
				  ground for ineligibility does not exist, the Commission shall notify the
				  requestor in writing of the Commission's determination of eligibility. The
				  motion for eligibility is subject to the criminal behavior known to the
				  Commission as of the date of the determination. Any future criminal behavior
				  could impact the issuance of a license.
(e) If the Commissioners determine that a
				  ground for ineligibility does exist, the Commission shall notify the requestor
				  in writing of the Commission's determination of ineligibility.
(f) The Commission may charge a person
				  requesting an evaluation under this section a fee. Fees must be in an amount
				  sufficient to cover the cost of administering this section.
(g) The Commissioners may issue a probated
				  license to an applicant who is not ineligible under subsection (d) of this
				  section, but has been convicted of an offense by authorizing the Executive
				  Director to enter into an Agreed Order with the licensee. The Agreed Order
				  shall specify the terms of the probation and the consequences of violating the
				  Order. Once the terms of the probated license have been satisfied, the person
				  shall be licensed as any other licensee who had not been on
				  probation.
(h) The Commission shall
				  revoke, without hearing, a probated license if the 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 Occupations Code Chapter 651 or the Rules of the Commission.
(i) A person who is on community supervision,
				  mandatory supervision, or parole and who is issued a 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. The Commission
				  shall notify the probation or parole department that a license has been
				  issued.