| (7) letters of recommendation, signed and dated, by
a current employer, if the individual is employed, or a previous employer,
stating that the employer has specific and complete knowledge of the
individual's criminal history and the reasons the employer is recommending
that the individual be considered fit to be licensed by the Department;
and
(8) any other letters of recommendation, signed and
dated, by an individual familiar with the applicant and his or her
character and fitness, with specific and complete knowledge of the
individual's criminal history, able to offer competent information
about the nature and extent of the applicant's rehabilitative efforts.
(h) Convictions Considered. The determination of whether
a criminal proceeding is considered to have resulted in a conviction
for purposes of this section will be made in accordance with Tex.
Fin. Code §157.0131, which states that an individual is considered
to have been convicted of a criminal offense if:
(1) a sentence is imposed on the individual;
(2) the individual received probation or community
supervision, including deferred adjudication or community service;
or
(3) the court deferred final disposition of the individual's
case.
(i) Consideration of Disciplinary Actions. Unless the
individual is ineligible for licensure by operation of law as provided
by subsection (b) of this section, in addition to the individual's
criminal history, the Commissioner may consider the individual's past
history of disciplinary actions with the Department, or another regulatory
body or official of another jurisdiction regulating residential mortgage
loan origination or other financial services, which may serve as separate
grounds for license ineligibility, or as an aggravating factor rendering
the individual ineligible for licensure.
(j) Consideration of Financial Responsibility, Character
and General Fitness. Unless the individual is ineligible for licensure
by operation of law as provided by subsection (b) of this section,
in addition to the individual's criminal history, the Commissioner
may consider the individual's financial responsibility, and other
evidence of character and general fitness, which may serve as separate
grounds for license ineligibility, or as an aggravating factor rendering
the individual ineligible for licensure. A conviction for a criminal
offense having a nexus to residential mortgage loan origination arising
from the categories of criminal offenses deemed to relate to residential
mortgage loan origination under subsection (d) of this section is
indicative of a failure to demonstrate requisite character and general
fitness to command the confidence of the community in accordance with
Tex. Fin. Code §180.055(a)(3), and honesty, trustworthiness and
integrity in accordance with Tex. Fin. Code §157.012(c)(1).
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