(a) You must meet the background check requirements
that are part of the administrator's licensing process in Subchapter
N of this chapter (relating to Administrator's Licensing).
(b) In addition to complying with the criminal conviction
requirements specified in §745.661(a)(1) of this subchapter (relating
to What types of criminal convictions may affect a subject's ability
to be present at an operation?), you are also monitored for offenses
related to financial crimes, including all Title 7 Offenses Against
Property, Title 8 Offenses Against Administration, and Title 11 Organized
Crime offenses in the Penal Code.
(c) You may not receive or maintain an administrator's
license if you:
(1) Have a criminal conviction as specified in §745.661(a)(1)
of this subchapter or a child abuse or neglect finding as specified
in §745.671 of this subchapter (relating to What types of findings
from the Central Registry or out-of-state child abuse and neglect
registries may affect a subject's ability to be present at an operation?)
that would bar you from being present at an operation;
(2) Are on a sex offender registry; or
(3) Have a felony conviction of a financial crime,
as specified in subsection (b) of this section, within the past 10
years.
(d) You may receive and maintain an administrator's
license if you have a felony conviction of a financial crime older
than 10 years or a misdemeanor conviction of a financial crime. However,
these crimes do require a risk evaluation and Licensing may place
restrictions on your license. You must have an approved risk evaluation
before you may be present at an operation.
(e) You may receive and maintain an administrator's
license if you have a criminal conviction or a child abuse or neglect
finding that only requires a risk evaluation. However, Licensing may
place restrictions on your license. You must have an approved risk
evaluation before you may be present at an operation.
(f) In addition to the Administrator's Licensing background
check process, the operation where you serve as an administrator must
also request a background check on you, as specified in §745.605(a)(2)(A).
This process is separate and apart from the Administrator's Licensing
background check process.
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Source Note: The provisions of this §745.775 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963 |