| (D) the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the functions
and responsibilities of the license holder's occupation or industry;
and
(E) whether the offenses were defined as crimes of
moral turpitude by statute or common law, from Class A misdemeanors
to first, second, and third degree felonies carrying fines and/or
imprisonment or both. Special emphasis shall be given to the crimes
of robbery, burglary, theft, embezzlement, sexual assault, and conversion.
(4) In addition to the factors that may be considered
in paragraph (3) of this subsection, the Department, in determining
the present fitness of a person who has a criminal record, may consider
the following:
(A) the extended nature of the person's past criminal
activity;
(B) the age of the person at the time of the commission
of the crime;
(C) the amount of time that has elapsed since the person's
last criminal record;
(D) the conduct and work activity of the person prior
to and following the criminal record; and
(E) evidence of the person's rehabilitation or attempted
rehabilitation effort while incarcerated or following release.
(5) The applicant shall furnish proof in any form,
as may be required by the Department, that he/she has maintained a
record of steady employment and has otherwise maintained a record
of good conduct and has paid all outstanding court costs, supervision
fees, fines, and restitution as may have been ordered in all criminal
cases.
(6) If the Department suspends or revokes a valid license,
or denies a person a license or the opportunity to be considered for
a license in accordance with this subsection because of the person's
prior criminal record and the relationship of the crime to the license,
the Department shall:
(A) notify the person in writing stating reasons for
the suspension, revocation, denial, or disqualification; and
(B) offer the person the opportunity for a hearing
on the record. If the person does not request a hearing on the matter
within thirty (30) calendar days from receipt of the Department's
decision, the suspension, revocation, or denial becomes final.
(g) Exemption for Retailer's License Requirement.
(1) Application for Exemption of Retailer's License
Requirement.
(A) A person requesting exemption from the Retailer's
licensing requirement of §1201.101(b) of the Occupations Code,
shall submit the required application outlining the circumstances
under which they are requesting exemption from licensure.
(B) Applications should identify the HUD label or serial
number(s):
(i) of up to 3 homes being sold under the exemption
found in Tex. Occ. Code §1201.1025(a); or
(ii) of all homes sold under the exemption Tex. Occ.
Code §1201.1025(a-1).
(C) Applications will be processed within seven (7)
business days after receipt of all required information.
(2) The circumstances under which this exemption is
granted are:
(A) One-time sale of up to three (3) manufactured homes
in a 12-month period as personal property;
(B) Non-profit entity transferring ownership of up
to three (3) manufactured homes in a 12-month period;
(C) No other manufactured homes have been purchased
and resold in the previous twelve (12) months, even with a previous
exemption; or
(D) All manufactured homes for sale or offered to be
sold by the person are located in a manufactured home community, and
for sale or offered for sale to the same purchaser in connection with
a sale of the real property of the community.
(3) Letter of Exemption.
(A) Once granted, a Letter of Exemption from licensure
will be issued by the Executive Director to the applicant.
(B) Letter of Exemption is valid only for the manufactured
home(s) specified.
(C) Letter of Exemption is valid only for twelve (12)
months.
(D) The homes may not be sold until the Letter of Exemption
is granted.
|
| Source Note: The provisions of this §80.41 adopted to be effective March 25, 2012, 37 TexReg 1307; amended to be effective November 25, 2012, 37 TexReg 8507; amended to be effective November 23, 2014, 39 TexReg 8386; amended to be effective May 15, 2016, 41 TexReg 2743; amended to be effective January 7, 2018, 42 TexReg 6921; amended to be effective December 8, 2019, 44 TexReg 6870; amended to be effective March 3, 2024, 49 TexReg 521 |
