| (a) Criminal history record information. After an applicant
submits a complete registration application, including all required
fingerprints, and pays the fees required by §88.107 of this title
(relating to Fees), the OCCC will investigate the applicant. 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;
(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 registered occupation.
The OCCC may deny a registration application, or suspend or revoke
a registration, if the applicant or registrant has been convicted
of an offense that directly relates to the duties and responsibilities
of a debt management services provider, as provided by Texas Occupations
Code, §53.021(a)(1).
(1) Providing debt management services involves making
representations to consumers regarding the terms of the services,
holding money entrusted to the provider, remitting money to third
parties, collecting charges in a legal manner, and compliance with
reporting requirements to government agencies. Consequently, the following
crimes are directly related to the duties and responsibilities of
a registered provider 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
transaction 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 registration,
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 registration to engage in the occupation;
(C) the extent to which a registration might offer
an opportunity to engage in further criminal activity of the same
type as that in which the person previously had been involved;
(D) the relationship of the crime to the ability or
capacity required to perform the duties and discharge the responsibilities
of a registrant; and
(E) any correlation between the elements of the crime
and the duties and responsibilities of the licensed occupation.
(3) In determining whether a conviction for a crime
renders an applicant or a registrant unfit to be a registrant, 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 registration, which may include letters
of recommendation.
(d) Offenses involving moral turpitude. The OCCC may
deny a registration application, or suspend or revoke a registration,
if the applicant, registrant, or a principal party has been convicted
of or found civilly liable for an offense involving moral turpitude,
as provided by Texas Finance Code, §394.204(i)(1), (k)(1)-(2).
Offenses involving moral turpitude include the following:
(1) forgery;
(2) embezzlement;
(3) obtaining money under false pretenses;
(4) larceny;
(5) extortion;
(6) conspiracy to defraud; and
(7) any other similar offense or violation.
(e) Revocation on imprisonment. A registration will
be revoked on the registrant'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 registration application, or suspend or revoke
a registration, 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 registration
application, as provided by Texas Finance Code, §394.204(h);
(3) a fact or condition that would have been grounds
for denying the registration 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, §394.204(k)(1)-(2);
and
(4) any other information warranting the belief that
the business will not be operated lawfully and fairly, as provided
by Texas Finance Code, §394.204(i)(3), (k)(9).
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