Court records show that Lynn Mays, a convicted felon, was denied an application for licensure by the Texas State Board of Barber Examiners, despite having his barber training paid for by a state agency. The Texas Department of Assistive and Rehabilitative Services, which provides help to those with disabilities, agreed to cover the cost of Mays' barber training, which he completed, before taking the practical and written exam. However, the state's Department of Regulation and Licensing declined the application for licensure stating "Barbers have direct contact with members of the general public, often in settings with no one else present, and a person with a predisposition for crimes involving prohibited sexual conduct would have the opportunity to engage in further similar conduct."
To prevent such catch-22 situations from arising, the department permits potential applicants to ask for an opinion on the likelihood of becoming licensed, given their particular criminal backgrounds, before signing up for training. In this instance, the department says, neither the applicant nor his attorney asked for such an opinion. Mays subsequently unsuccessfully appealed the decision to deny his application for licensure to the state's Office of Administrative Hearings.
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