| (a) No currently incarcerated individual is eligible
to obtain or renew a license. A person's license will be revoked upon
the person's imprisonment 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 shall be made
after consideration of the factors detailed in Texas Occupations Code §53.022
and subsection (d) of this section.
(c) A license holder must conduct himself or herself
with honesty, integrity, and trustworthiness. Thus, the Board has
considered the factors in Texas Occupations Code §53.022 and
deems the following crimes to be directly related to the occupation
of appraiser or appraiser trainee:
(1) offenses involving fraud or misrepresentation;
(2) offenses against real or personal property belonging
to another, if committed knowingly or intentionally;
(3) offenses against public administration;
(4) offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law;
(5) offenses involving moral turpitude; and
(6) offenses of attempting or conspiring to commit
any of the foregoing offenses.
(d) In determining the present fitness of an applicant
or license holder who has been convicted of a crime, the Board will
consider the following evidence:
(1) the extent and nature of the past criminal activity;
(2) the age at the time of the commission of the crime;
(3) the amount of time that has elapsed since the last
criminal activity;
(4) the conduct and work activity prior to and following
the criminal activity;
(5) evidence of rehabilitation or rehabilitative effort
while incarcerated or following release; and
(6) other evidence of present fitness including letters
of recommendation from:
(A) prosecution, law enforcement, and correctional
officers who prosecuted, arrested, or had custodial responsibility;
(B) the sheriff and chief of police in the community
where the applicant or license holder resides; and
(C) any other person in contact with the applicant
or license holder.
(e) It shall be the responsibility of the applicant
or license holder to the extent possible to secure and provide the
Board the recommendations of the prosecution, law enforcement, and
correctional authorities, as well as evidence, in the form required
by the Board, relating to whether the applicant has maintained a record
of steady employment, has supported his or her dependents and otherwise
maintained a record of good conduct, and is current on the payment
of all outstanding court costs, supervision fees, fines, and restitution
as may have been ordered in all criminal cases in which the person
has been convicted.
(f) Moral Character Determination. Before applying
for a license, a person may request the Board to determine if the
prospective applicant's moral character 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 be effective March 2, 2017, 42 TexReg 764 |
