| (a) Pursuant to Chapter 53, Texas Occupations Code
and §2005.052, Texas Government Code, the Board may suspend or
revoke an existing certificate of registration, disqualify a person
from receiving a certificate of registration, issue a provisional
license subject to the terms and limitations of §1.27 of this
chapter (relating to Provisional Licensure), or deny to a person the
opportunity to be examined for a certificate of registration because
of the person's conviction for committing an offense if:
(1) the offense directly relates to the duties and
responsibilities of an Architect;
(2) the offense is listed in Article 42A.054, Texas
Code of Criminal Procedure; or
(3) the offense is a sexually violent offense, as defined
by Article 62.001, Texas Code of Criminal Procedure.
(b) The following procedures will apply in the consideration
of an application for registration as an Architect or in the consideration
of a Registrant's criminal history:
(1) Effective January 1, 2014, each Applicant shall
submit a complete and legible set of fingerprints to the Department
of Public Safety or a vendor under contract with the Department for
the purpose of obtaining criminal history record information from
the Department and the Federal Bureau of Investigation. The Applicant
shall pay the cost of conducting the criminal history background check
to the Department or the vendor on behalf of the Department. An Applicant
who does not submit fingerprints in accordance with this subsection
is ineligible for registration.
(2) Effective January 1, 2014, each Registrant on active
status or returning to active status who has not submitted a set of
fingerprints pursuant to paragraph (1) of this subsection shall submit
a complete and legible set of fingerprints to the Department of Public
Safety or a vendor under contract with the Department for the purpose
of obtaining criminal history record information from the Department
and the Federal Bureau of Investigation. The Registrant shall pay
the cost of conducting the criminal history background check to the
Department or the vendor on behalf of the Department. A Registrant
who does not submit fingerprints in accordance with this subsection
is ineligible for renewal of, or returning to, active registration.
A Registrant is not required to submit fingerprints under this paragraph
for the renewal of, or returning to, active registration if the Registrant
previously submitted fingerprints under paragraph (1) of this subsection
for initial registration or under this paragraph for a previous renewal
of, or return to, active registration.
(3) The executive director may contact an Applicant
or Registrant regarding any information about a criminal conviction,
other than a minor traffic offense, disclosed in the Applicant's or
Registrant's criminal history record. If the executive director intends
to pursue revocation or suspension of a registration, or denial of
a registration or opportunity to be examined for a registration because
of a person's prior conviction of an offense, the executive director
must:
(A) provide written notice to the person of the reason
for the intended denial; and
(B) allow the person not less than 30 days to submit
any relevant information to the Board.
(4) The notice provided by the executive director under
this subsection must contain:
(A) a statement that the person is disqualified from
being registered or being examined for registration because of the
person's prior conviction of an offense specified in the notice; or
(B) a statement that:
(i) the final decision of the Board to revoke or suspend
the registration or deny the person a registration or the opportunity
to be examined for the registration will be based on the factors listed
in subsection (d) of this section; and
(ii) it is the person's responsibility to obtain and
provide to the Board evidence regarding the factors listed in subsection
(d) of this section.
(5) If the executive director determines the conviction
might be directly related to the duties and responsibilities of an
Architect, the Board's staff will obtain sufficient details regarding
the conviction to allow the Board to determine the effect of the conviction
on the Applicant's eligibility for registration or on the Registrant's
fitness for continued registration.
(c) In determining whether a criminal conviction is
directly related to the duties and responsibilities of an Architect,
the executive director and the Board shall consider each of the following
factors:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license to practice architecture;
(3) the extent to which architectural registration
might offer an opportunity to engage in further criminal activity
of the same type as that in which the Applicant or Registrant had
been involved; and
(4) the relationship of the crime to the ability or
capacity required to perform the duties and discharge the responsibilities
of an Architect; and
(5) any correlation between the elements of the crime
and the duties and responsibilities of an Architect.
(d) If the executive director or the Board determines
under subsection (c) of this section that a criminal conviction directly
relates to the duties and responsibilities of an Architect, the executive
director and the Board shall consider the following in determining
whether to suspend or revoke a registration, disqualify a person from
receiving a registration, or deny to a person the opportunity to take
a registration examination:
(1) the extent and nature of the Applicant's or Registrant's
past criminal activity;
(2) the age of the Applicant or Registrant at the time
the crime was committed;
(3) the amount of time that has elapsed since the Applicant's
or Registrant's last criminal activity;
(4) the conduct and work activity of the Applicant
or Registrant prior to and following the criminal activity;
(5) evidence of the Applicant's or Registrant's rehabilitation
or rehabilitative effort while incarcerated or after release;
(6) evidence of the person's compliance with any conditions
of community supervision, parole, or mandatory supervision; and
(7) other evidence of the Applicant's or Registrant's
fitness to practice as an Architect, including letters of recommendation.
(e) Crimes directly related to the duties and responsibilities
of a Registered Architect include any crime that reflects a lack of
fitness for professional licensure or a disregard of the standards
commonly upheld for the professional Practice of Architecture, such
as the following:
(1) criminal negligence;
(2) soliciting, offering, giving, or receiving any
form of bribe;
(3) the unauthorized use of property, funds, or proprietary
information belonging to a client or employer;
(4) acts relating to the malicious acquisition, use,
or dissemination of confidential information related to architecture;
and
(5) any intentional violation as an individual or as
a consenting party of any provision of the Act.
(f) The Board shall revoke the certificate of registration
of any Registrant who is convicted of any felony if the felony conviction
results in incarceration. The Board also shall revoke the certificate
of registration of any Registrant whose felony probation, parole,
or mandatory supervision is revoked.
(g) If an Applicant is incarcerated as the result of
a felony conviction, the Board may not approve the Applicant for registration
during the period of incarceration. If an Applicant's felony probation,
parole, or mandatory supervision is revoked, the Board may not approve
the Applicant for registration until the Applicant successfully completes
the sentence imposed as a result of the revocation.
(h) If the Board takes action against any Applicant
or Registrant pursuant to this section, the Board shall provide the
Applicant or Registrant with the following information in writing:
(1) the reason for rejecting the application or taking
action against the Registrant's certificate of registration, including
any factor considered under subsections (c) or (d) of this section
that served as the basis for the action;
(2) notice that upon exhaustion of the administrative
remedies provided by the Administrative Procedure Act, Chapter 2001,
Government Code, an action may be filed in a district court of Travis
County for review of the evidence presented to the Board and its decision.
The person must begin the judicial review by filing a petition with
the court within 30 days after the Board's decision is final; and
(3) the earliest date the person may appeal.
(i) All proceedings pursuant to this section shall
be governed by the Administrative Procedure Act, Chapter 2001, Government
Code.
|
| Source Note: The provisions of this §1.149 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective March 20, 2009, 34 TexReg 1850; amended to be effective November 29, 2010, 35 TexReg 10505; amended to be effective April 13, 2014, 39 TexReg 2573; amended to be effective July 8, 2020, 45 TexReg 4513 |
