(a) No currently incarcerated individual is eligible
to obtain or renew a license. A person's license will be revoked upon
the person's incarceration following a felony conviction, felony probation
revocation, revocation of parole, or revocation of mandatory suspension.
(b) The Board may suspend or revoke an existing valid
license, disqualify an individual from receiving a license, deny to
a person the opportunity to be examined for a license or deny any
application for a license, if the person has been convicted of a felony,
had their felony probation revoked, had their parole revoked, or had
their mandatory supervision revoked. Any such action may be taken
after consideration of the required factors in Chapter 53, Occupations
Code and this section.
(c) A license holder must conduct himself or herself
with honesty, integrity, and trustworthiness. After considering the
required factors in Chapter 53, Occupations Code, the Board determines
that a conviction or deferred adjudication deemed a conviction under
Chapter 53, Occupations Code, of the following crimes to be directly
related to the duties and responsibilities of a certified general
or certified residential appraiser, a licensed appraiser or appraiser
trainee:
(1) offenses involving fraud or misrepresentation;
(2) offenses against real or personal property belonging
to another;
(3) offenses against public administration, including
tampering with a government record, witness tampering, perjury, bribery,
and corruption;
(4) offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law; and
(5) offenses of attempting or conspiring to commit
any of the foregoing offenses.
(d) When determining whether a conviction of a criminal
offense not listed in subsection (c) of this section directly relates
to the duties and responsibilities of a licensed occupation regulated
by the Board, the Board considers:
(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;
(4) the relationship of the crime to the ability or
capacity required to perform the duties and discharge the responsibilities
of the licensed occupation; and
(5) any correlation between the elements of the crime
and the duties and responsibilities of the licensed occupation.
(e) When determining the present fitness of an applicant
or license holder who has been convicted of a crime, the Board also
considers:
(1) the extent and nature of the person's past criminal
activity;
(2) the person's age at the time the crime was committed;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the person's conduct and work activity before and
after the criminal activity;
(5) evidence of the person's compliance with any conditions
of community supervision, parole, or mandatory supervision;
(6) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(7) other evidence of the applicant's or license holder's
present fitness including letters of recommendation.
(f) To the extent possible, it is the applicant's or
license holder's responsibility to obtain and provide the recommendations
described in subsection (e)(7) of this section.
(g) When determining a person's fitness to perform
the duties and discharge the responsibilities of a licensed occupation
regulated by the Board, the Board does not consider an arrest that
did not result in a conviction or placement on deferred adjudication
community supervision.
(h) Fitness Determination. Before applying for a license,
a person may request the Board to determine if the prospective applicant's
fitness satisfies the Board's requirements for licensing by submitting
the request form approved by the Board and paying the required fee.
Upon receiving such a request, the Board may request additional supporting
materials. Requests will be processed under the same standards as
applications for a license.
|
Source Note: The provisions of this §153.19 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective November 12, 2009, 34 TexReg 7808; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective September 7, 2014, 39 TexReg 6857; amended to beeffective March 2, 2017, 42 TexReg 764; amended to be effective December 8, 2019, 44 TexReg 7537; amended to be effective September 13, 2020, 45 TexReg 6235 |