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RULE §203.16Consequences of Criminal Conviction

(a) The Commission may suspend or revoke a license or deny a person from receiving a license on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of an occupation required to be licensed by Occupations Code, Chapter 651 (Chapter 651).

(b) The Commissioners may place an applicant or licensee who has been convicted of an offense as outlined in subsection (h) on probation 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.

(c) If the Commissioners suspend or revoke a license or deny a person from getting a license, the licensee or applicant may appeal that decision to SOAH.

(d) The Commission shall immediately revoke the license of a person who is imprisoned following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision. Revocations under this subsection are not subject to appeal at SOAH.

(e) A person in prison is ineligible for licensure. Revocation or denial of licensure under this subsection is not subject to appeal at SOAH.

(f) The Commission shall consider the following factors in determining whether a criminal conviction directly relates to an occupation required to be licensed by Chapter 651:

  (1) the nature and seriousness of the crime;

  (2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;

  (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and

  (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.

(g) If a person has been convicted of a crime, the Commission shall consider the following in determining a person's fitness to perform the duties and discharge the responsibilities of a Chapter 651 occupation:

  (1) the extent and nature of the person's past criminal activity;

  (2) the age of the person when the crime was committed;

  (3) the amount of time that has elapsed since the person's last criminal activity;

  (4) the conduct and work activity of the person before and after the criminal activity;

  (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;

  (6) letters of recommendation from:

    (A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;

    (B) the sheriff or chief of police in the community where the person resides; and

    (C) any other person in contact with the convicted person; and

  (7) evidence that the applicant has:

    (A) maintained a record of steady employment;

    (B) supported the applicant's 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.

(h) The following crimes are related to the occupations of funeral directing or embalming:

  (1) Class B misdemeanors classified by Occupations Code §651.602:

    (A) acting or holding oneself out as a funeral director, embalmer, or provisional license holder without being licensed under Chapter 651 and the Rules of the Commission;

    (B) making a first call in a manner that violates Occupations Code §651.401;

    (C) engaging in a funeral practice that violates Chapter 651 or the Rules of the Commission; or

    (D) violating Finance Code, Chapter 154, or a rule adopted under that chapter, regardless of whether the Texas Department of Banking or another governmental agency takes action relating to the violation.

  (2) The commission of acts within the definition of Abuse of Corpse under Penal Code, §42.08, because those acts indicate a lack of respect for the dead.

  (3) The following crimes because the commission of each reflects a lack of respect for human life and dignity or a lack of fitness to practice the occupations:

    (A) a misdemeanor or felony offense involving:

      (i) murder;

      (ii) assault;

      (iii) burglary;

      (iv) robbery;

      (v) theft;

      (vi) sexual assault;

      (vii) injury to a child;

      (viii) injury to an elderly person;

      (ix) child abuse or neglect;

      (x) tampering with a governmental record;

      (xi) forgery;

      (xii) perjury;

      (xiii) bribery;

      (xiv) harassment;

      (xv) insurance claim fraud; or

      (xvi) mail fraud;

    (B) delivery, possession, manufacture, or use of or the dispensing or prescribing a controlled substance, dangerous drug, or narcotic; or

    (C) violations of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or tendency for the person to be unable to perform as a licensee or to be unfit for licensure or registration.

Source Note: The provisions of this §203.16 adopted to be effective October 18, 2015, 40 TexReg 7065

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