Misdemeanor Waivers for Licensing
All misdemeanor waiver requests must be submitted to TCOLE at least 45 days prior to the scheduled commission meeting. Otherwise, the request will be reviewed for the following meeting.
I have a Class A or B misdemeanor, how do I get a waiver allowing me to obtain a TCOLE license?
Misdemeanor waiver requests are only accepted from an agency administrator intending to hire you on a full-time basis. There are no exceptions.
What paperwork does the agency administrator submit?
Required documents for a waiver requests are listed in TCOLE Rule 211.30. Incomplete documents are not accepted.
After the agency administrator sends in the documents, what happens?
The waiver request packet is reviewed by the Executive Director to determine if your waiver request will be placed on the commission meeting agenda. A letter will be mailed to the agency administrator as to the approval or denial of the request to be placed on the agenda. If placed on the commission meeting agenda, the commissioners will make the final ruling on approval or denial of the waiver.
The waiver request is approved for the agenda, am I required to attend the meeting?
Yes, both you and the agency administrator requesting a waiver on your behalf and you are required to attend the meeting. The commissioners will make the final ruling on the approval or denial of the waiver during the meeting.
TCOLE cannot give any legal advice. Legal representation is recommended but not required.
I don’t agree with the category of discharge the agency administrator put on my F5. What can I do?
You have 30 days from the date you receive the F5 Report of Separation to contest it by submitting a Petition to Correct Separation to the commission.
Where do I find a Petition to Correct Separation form?
The completed petition must include a copy of the F5 being contested. A copy of the petition must also be sent to the agency administrator of the agency from which you are contesting the F5.
What if I’m past 30 days from when I received my F5? Can I still have a hearing?
No, your statutory right to appeal is within 30 days from the date you receive your F5. There are no exceptions.
What happens after I send in the Petition to Correct Separation?
TCOLE sends a request to docket your case to the State Office of Administrative Hearings (SOAH). Once a hearing date has been set, you will receive a Notice of Hearing from SOAH. An Administrative Law Judge will hear both sides and review exhibits from you and the agency and then issue an order as to whether your F5 stays as it is, or is changed.
How do I check the status of my F5 Appeal?
When a petition is received, TCOLE files a Request to Docket form with SOAH. Any further updates to your case are available through SOAH. Please refer to SOAH Procedural Rules for more information at www.soah.texas.gov
I had a hearing and the judge ruled in my favor, how do I change my F5?
The judge will directly send TCOLE a Decision and Order and your separation will be changed to reflect the judge’s order accordingly.
After I’ve appealed, a settlement has been reached. What happens now?
The agency administrator will follow procedures to amend your F5. Once your F5 is amended, you must notify SOAH of your settlement agreement to have your case dismissed from the docket. TCOLE does not notify SOAH or request dismissals.
Surrender of License
A permanently surrendered license makes you permanently ineligible to hold any license issued by TCOLE.
I permanently surrendered my license, how can I get it back?
Any license permanently surrendered to the commission cannot be re-issued, reinstated or reversed.
I permanently surrendered one license but have other licenses with TCOLE, does it affect my other licenses?
Yes. The permanent surrender of one license applies to all licenses issued by TCOLE.
I submitted a term surrender of my license, how do I get it back?
Any license term-surrendered to the commission cannot be re-issued, reinstated or reversed. Once the expiration of the term surrender has passed, you must meet the current minimum requirements as if applying for a new license for the first time. This includes the licensing course and state exam.
I term surrendered my license and would like to get a different TCOLE license, can I do that?
No. You are ineligible to hold any license issued by TCOLE until the completion of your term surrender.