| (a) Criminal history record information. After an applicant
for a pawnshop license or pawnshop employee license submits a complete
license application, including all required fingerprints, and pays
the fees required by §85.211 of this title (relating to Fees)
or §85.306 of this title (relating to Fees), the OCCC will investigate
the applicant and any principal parties. The OCCC will obtain criminal
history record information from the Texas Department of Public Safety
and the Federal Bureau of Investigation based on the applicant's fingerprint
submission. The OCCC will continue to receive information on new criminal
activity reported after the fingerprints have been initially processed.
(b) Disclosure of criminal history. The applicant must
disclose all criminal history information required to file a complete
application with the OCCC. Failure to provide any information required
as part of the application or requested by the OCCC reflects negatively
on the belief that the business will be operated lawfully and fairly.
The OCCC may request additional criminal history information from
the applicant, including the following:
(1) information about arrests, charges, indictments,
and convictions of the applicant and any principal parties;
(2) reliable documents or testimony necessary to make
a determination under subsection (c) of this section, including letters
of recommendation from prosecution, law enforcement, and correctional
authorities;
(3) proof that the applicant has maintained a record
of steady employment, has supported the applicant's dependents, and
has otherwise maintained a record of good conduct; and
(4) proof that all outstanding court costs, supervision
fees, fines, and restitution as may have been ordered have been paid
or are current.
(c) Crimes directly related to licensed occupation.
The OCCC may deny a license application, or suspend or revoke a pawnshop
license or pawnshop employee license, if the applicant or licensee
has been convicted of an offense that directly relates to the duties
and responsibilities of a licensee under Texas Finance Code, Chapter
371, as provided by Texas Occupations Code, §53.021(a)(1).
(1) Being a pawnbroker or pawnshop employee involves
or may involve representations to borrowers and sellers, receiving
money from borrowers, collecting due amounts in a legal manner, maintenance
of accounts to make loans and replace lost or damaged goods, and compliance
with reporting requirements to governmental agencies relating to certain
transactions including firearms. Consequently, the following crimes
are directly related to the duties and responsibilities of a licensee
and may be grounds for denial, suspension, or revocation:
(A) theft (including receiving or concealing stolen
property);
(B) assault;
(C) any offense that involves misrepresentation, deceptive
practices, or making a false or misleading statement (including fraud
or forgery);
(D) any offense that involves breach of trust or other
fiduciary duty;
(E) any criminal violation of a statute governing credit
transactions or debt collection;
(F) failure to file a government report, filing a false
government report, or tampering with a government record;
(G) any greater offense that includes an offense described
in subparagraphs (A) - (F) of this paragraph as a lesser included
offense;
(H) any offense that involves intent, attempt, aiding,
solicitation, or conspiracy to commit an offense described in subparagraphs
(A) - (G) of this paragraph.
(2) In determining whether a criminal offense directly
relates to the duties and responsibilities of holding a license, the
OCCC will consider the following factors, as specified in Texas Occupations
Code, §53.022:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for
requiring a license to engage in the occupation;
(C) 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;
(D) the relationship of the crime to the ability or
capacity required to perform the duties and discharge the responsibilities
of a licensee; and
(E) any correlation between the elements of the crime
and the duties and responsibilities of the licensed occupation.
(3) In determining whether a conviction for a crime
renders an applicant or a licensee unfit to be a licensee, the OCCC
will consider the following factors, as specified in Texas Occupations
Code, §53.023:
(A) the extent and nature of the person's past criminal
activity;
(B) the age of the person when the crime was committed;
(C) the amount of time that has elapsed since the person's
last criminal activity;
(D) the conduct and work activity of the person before
and after the criminal activity;
(E) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release, or following the criminal
activity if no time was served;
(F) evidence of the person's compliance with any conditions
of community supervision, parole, or mandatory supervision; and
(G) evidence of the person's current circumstances
relating to fitness to hold a license, which may include letters of
recommendation.
(d) Crimes related to character and fitness.
(1) The OCCC may deny a pawnshop license application
if the applicant does not show that the business will be operated
lawfully and fairly, or if the applicant does not show that the applicant
or the applicant's owners have the financial responsibility, experience,
character, and general fitness to command the confidence of the public,
as provided by Texas Finance Code, §371.052(a).
(2) The OCCC may deny a pawnshop employee license if
the applicant is not of good business repute, or if the applicant
does not possess the character and general fitness necessary to warrant
the belief that the individual will operate the business lawfully
and fairly, as provided by Texas Finance Code, §371.102(a).
(3) In conducting its review of character and fitness,
the OCCC will consider the criminal history of the applicant and any
principal parties. If the applicant or a principal party has been
convicted of an offense described by subsections (c)(1) or (f)(1)
of this section, this reflects negatively on an applicant's character
and fitness. The OCCC may deny a license application based on other
criminal history of the applicant or its principal parties if, when
the application is considered as a whole, the agency does not find
that the financial responsibility, experience, character, and general
fitness of the applicant are sufficient to command the confidence
of the public and warrant the belief that the business will be operated
lawfully and fairly. The OCCC will, however, consider the factors
identified in subsection (c)(2) - (3) of this section in its review
of character and fitness.
(e) Revocation on imprisonment. A license will be revoked
on the licensee's imprisonment following a felony conviction, felony
community supervision revocation, revocation of parole, or revocation
of mandatory supervision, as provided by Texas Occupations Code, §53.021(b).
(f) Other grounds for denial, suspension, or revocation.
The OCCC may deny a license application, or suspend or revoke a license,
based on any other ground authorized by statute, including the following:
(1) a conviction for an offense listed in Texas Code
of Criminal Procedure, art. 42A.054 or art. 62.001(6), as provided
by Texas Occupations Code, §53.021(a)(2)-(3);
(2) a conviction of a pawnshop licensee or a principal
party for an offense directly related to the licensed occupation,
as provided by Texas Finance Code, §371.251(a)(6);
(3) errors or incomplete information in the license
application;
(4) a fact or condition that would have been grounds
for denying the license application, and that either did not exist
at the time of the application or the OCCC was unaware of at the time
of application, as provided by Texas Finance Code, §371.251(a)(3)
and §371.255(2);
(5) a finding by the OCCC that the financial responsibility,
experience, character, or general fitness of a pawnshop licensee or
a principal party do not command the confidence of the public or warrant
the belief that the business will be operated lawfully, fairly, and
within the purposes of this chapter, as provided by Texas Finance
Code, §371.251(a)(7); and
(6) a finding by the OCCC that the character, business
repute, and general fitness of a pawnshop employee license holder
do not warrant belief that the license holder will operate the business
lawfully and fairly, as provided by Texas Finance Code, §371.255(3).
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