(a) Criminal history record information. After an applicant
submits a complete license application, including all required fingerprints,
and pays the fees required by §84.611 of this title (relating
to Fees), the OCCC will investigate the applicant and its 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 its 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 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 348 or 353, as provided by Texas
Occupations Code, §53.021(a)(1).
(1) Originating, acquiring, or servicing retail installment
sales contracts under Texas Finance Code, Chapter 348 or 353, involves
or may involve making representations to consumers regarding the terms
of the contract, receiving money from consumers, remitting money to
third parties, maintaining accounts, repossessing property without
a breach of the peace, maintaining goods that have been repossessed,
and collecting due amounts in a legal manner. 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;
(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; and
(D) the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of a licensee.
(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. The OCCC
may deny a license application if the OCCC 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, as provided by Texas Finance Code, §348.504(a) and §353.504(a).
In conducting its review of character and fitness, the OCCC will consider
the criminal history of the applicant and its 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) errors or incomplete information in the license
application;
(3) 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, §348.508(3)
and §353.508(3); and
(4) any other information warranting the belief that
the business will not be operated lawfully and fairly, as provided
by Texas Finance Code, §§348.504(a), 348.508, 353.504(a),
and 353.508.
|