What is the procedure for an applicant or licensee to appeal a denial based solely on sex offender registration?

The appropriate procedure when an applicant or licensee wishes to appeal a denial based solely on sex offender registration is to appeal directly to the Board. This is because, under the relevant Texas statutes, an appeal in such cases must be directed to the designated Board that oversees licensing decisions. The Board has the authority to review and reconsider decisions made by the department regarding licensure and can provide a formal hearing or review process tailored to address the specifics of the case.

The other options, while they may seem like valid procedures in different contexts, do not align specifically with the established protocol for this particular type of appeal. Submitting a written request to the department could be part of the initial communication but does not constitute an official appeal. Requesting a hearing before the State Office of Administrative Hearings (SOAH) is relevant in many administrative matters but is not the proper next step for appeals based solely on the criteria of sex offender registration. Waiving the right to any hearing would forfeit the applicant’s opportunity to challenge the denial and is not a viable option for those looking to contest the decision.