| (f) Pursuant to Texas Occupations Code §53.021(b),
the Board shall revoke a license upon the imprisonment of the licensee
following a felony conviction or deferred adjudication, felony community
supervision revocation, revocation of parole, or revocation of mandatory
supervision.
(g) The Board may impose any authorized disciplinary
action on an applicant or licensee because of a person's conviction
of a crime, other than a Class C misdemeanor, that:
(1) serves as a ground for discipline under the Dental
Practice Act or other Texas law applicable to the applicant or licensee;
or
(2) the Board has determined directly relates to the
duties and responsibilities of a licensee, after consideration of
each of the following factors:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for
requiring a license;
(C) the extent to which a license might offer an opportunity
to engage in further criminal activity of the same type as that in
which the applicant or licensee previously had been involved;
(D) the relationship of the crime to the ability and
capacity required to perform the duties and discharge the responsibilities
of the license; and
(E) any correlation between the elements of the crime
and the duties and responsibilities of the license.
(h) In determining the appropriate disciplinary action
to take where the Board is not mandated to take a certain disciplinary
action, the Board shall consider the following factors listed in paragraphs
(1) - (7) of this subsection when determining whether to impose any
authorized discipline:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person'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 person's fitness, including
letters of recommendation.
(i) The applicant or licensee has the responsibility,
to the extent possible, to obtain and provide to the Board the recommendations
described by subsection (h)(7) of this section.
(j) An applicant or licensee shall disclose in writing
to the Board any arrest, conviction or deferred adjudication against
him or her at the time of initial application and renewal. Additionally,
an applicant or licensee shall provide information regarding any arrest,
conviction or deferred adjudication to the Board within 30 days of
a Board request. An application shall be deemed withdrawn if the applicant
has failed to respond to a request for information or to a proposal
for denial of eligibility or conditional eligibility within 30 days.
Pursuant to Texas Government Code §2005.052, making a false statement
or material misrepresentation when applying or renewing a license,
refusing to provide requested information to the Board, or failing
to provide all of the criminal history requested by the Board represents
grounds for denial of the application or suspension or revocation
of the license.
(k) Notice of Pending Denial of License. Prior to denying
a license application for prior criminal convictions as permitted
by Texas Occupations Code Chapter 53, the Board shall provide written
notice to the person of the reason for the intended denial and allow
the person not less than 30 days to submit any relevant information
to the Board, as required by Texas Occupations Code §53.0231.
|
| Source Note: The provisions of this §101.8 adopted to be effective March 7, 2013, 38 TexReg 1361; amended to be effective December 10, 2013, 38 TexReg 8830; amended to be effective January 3, 2019, 43 TexReg 8589; amended to be effective December 15, 2019, 44 TexReg 7697 |
