| (a) Application requirements. An application for a
pawnshop employee license must contain the items required in accordance
with §85.301 of this title (relating to Filing of New Application).
(b) Complete application. An application is complete
when:
(1) the application conforms to the rules and published
instructions;
(2) all fees have been paid; and
(3) all requests for additional information have been
satisfied.
(c) Decision on application. The OCCC may approve or
deny an application.
(1) Approval. The OCCC will approve the application
upon payment of the appropriate fees and finding of the eligibility
requirements. A license is the personal property of the employee and
may not be retained by a pawnshop when an employee terminates employment
with the pawnshop.
(A) Good business repute. In evaluating an applicant's
business repute, the OCCC will consider the applicant's background
and history.
(B) Character and fitness. In evaluating the applicant's
character and fitness to warrant the belief that the pawnshop will
be operated lawfully and fairly, the OCCC will consider the applicant's
overall background and history, including the applicant's criminal
history as described in §85.601 of this title (relating to Denial,
Suspension, or Revocation Based on Criminal History). Providing misleading
information on the application or failing to disclose information
to the OCCC may be grounds for denial.
(2) Denial.
(A) Application incomplete 30 days after deficiency
notice sent. If an application has not been completed within 30 days
after notice of delinquency has been sent to the applicant, the application
may be denied.
(B) Failure to demonstrate requirements. The commissioner
may also deny an application when the applicant fails to demonstrate
the eligibility requirements.
(d) Probationary license. The commissioner may conditionally
approve an application for a probationary period of time when an employee's
background and history indicate that confidence in the employee's
ability to operate lawfully within the purposes of the Texas Pawnshop
Act is questionable. If the commissioner determines that the terms
of the probation are not being met, the commissioner may issue an
order setting a hearing to suspend or revoke the employee's license.
(e) Hearing. When an application is denied, the applicant
has 30 days from the date of the denial to request a hearing in writing
to contest the denial. This hearing will be conducted pursuant to
the Administrative Procedure Act, Texas Government Code, Chapter 2001
and the rules of procedure applicable under §9.1(a) of this title
(relating to Application, Construction, and Definitions). When a hearing
is requested following an initial license application denial, the
hearing will be held within 60 days after a request for a hearing
is made unless the parties agree to an extension of time. The commissioner
will make a final decision approving or denying the license application
after receipt of the proposal for decision from the administrative
law judge.
(f) Processing time. The OCCC will ordinarily approve
or deny a license application within 60 days after the date the application
is complete. The OCCC may take more time where good cause exists,
as defined by Texas Government Code, §2005.004.
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| Source Note: The provisions of this §85.304 adopted to be effective September 5, 1999, 24 TexReg 6723; amended to be effective September 19, 2005, 30 TexReg 5336; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392; amended to be effective March 1, 2016, 41 TexReg 121; amended to be effective February 1, 2019, 43 TexReg 8584; amended to be effective October 1, 2019, 44 TexReg 4719 |
