| (a) Subject to board approval, a certificate holder
may voluntarily surrender his certificate by submitting a written
statement of intent to voluntarily surrender the certificate.
(b) The board may deny a certificate holder's application
to voluntarily surrender his certificate in order for the board to
initiate and complete an investigation of any of the reportable events
identified in §501.91(a) of this title (relating to Reportable
Events).
(c) Once a certificate holder has surrendered their
certificate, they are no longer eligible to hold a license under §901.402
of the Act (relating to Eligibility Requirements; General Prohibition)
and licensing exemptions will no longer apply.
(d) A former certificate holder who has voluntarily
surrendered his certificate under subsection (a) of this section may
apply for a new certificate upon completion of the following requirements:
(1) evidence of completion of all CPE that would have
been required to be completed up to a maximum of 120 hours over the
three years immediately preceding the application including a four-hour
board approved ethics course;
(2) a sworn affidavit in the form provided by the board
stating that the former certificate holder has not been convicted
of, placed on community supervision or accepted deferred adjudication
for any felony crime or for any misdemeanor crime involving dishonesty,
fraud, moral turpitude, alcohol abuse or controlled substances, or
physical injury or threats of physical injury to a person under the
laws of any state or the United States and that the former certificate
holder did not surrender the certificate to avoid disciplinary action
by the board or to avoid administrative revocation under board rules
adopted pursuant to §§901.159, 901.411 or 901.502 of the
Act (relating to Peer Review; Continuing Professional Education; or
Grounds for Disciplinary Action);
(3) payment of all fees that would have been paid if
the former certificate holder's license had been active since the
date of surrender and all applicable late fees; and
(4) unless fingerprints have been previously submitted
for licensure on or after September 1, 2014, a complete and legible
set of fingerprints from a vendor approved by the Texas Department
of Public Safety for the purposes of obtaining applicant's criminal
history record information in order to ensure the applicant lacks
a history of dishonest or felonious acts and the board is aware of
any criminal activity that might be relevant to the applicant's qualifications
to take the UCPAE.
(e) A new certificate issued to a former certificate
holder will bear the same certificate number as the original certificate.
(f) If an individual, subject to the approval of the
board, voluntarily surrenders and resigns the certificate or registration
during the course of a disciplinary investigation or proceeding conducted
by the board, this fact shall be disclosed in any later application
for a new certificate, and shall be considered before the issuance
of a new certificate.
(g) A voluntary surrender is effective on the date
of this agency's approval letter or other written notification. The
voluntary surrender may be disapproved when doing so is in the best
interest of the public. It is in the best interest of the public to
deny a licensee's voluntary surrender prior to the adjudication of
a board complaint, criminal charge or civil proceeding alleging fraud
or dishonesty.
(h) If a certificate holder voluntarily surrenders
his certificate after being charged with a crime for which he subsequently
receives a conviction or deferred adjudication, or voluntarily surrenders
his certificate subsequent to the filing of a civil suit alleging
fraud or dishonesty which subsequently results in a finding by a court
of fraud or dishonesty, the voluntary surrender may be set aside by
the board upon a finding by the board that the criminal or civil adjudication
warrants disciplinary action.
|
| Source Note: The provisions of this §519.29 adopted to be effective August 8, 2012, 37 TexReg 5784; amended to be effective December 7, 2016, 41 TexReg 9516; amended to be effective June 5, 2019, 44 TexReg 2721; amended to be effective December 4, 2019, 44 TexReg 7392 |
