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TITLE 22EXAMINING BOARDS
PART 1TEXAS BOARD OF ARCHITECTURAL EXAMINERS
CHAPTER 3LANDSCAPE ARCHITECTS
SUBCHAPTER HPROFESSIONAL CONDUCT
RULE §3.153Deferred Adjudication

(a) For purposes of §3.27 and §3.149 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if:

  (1) the person entered a plea of guilty or nolo contendere;

  (2) the court deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer of the court; and

  (3) at the conclusion of a period of supervision, the judge dismissed the proceedings and discharged the person.

(b) Notwithstanding subsection (a) of this section, the executive director or the Board may consider a person to have been convicted of a criminal offense regardless of whether the proceedings were dismissed and the person was discharged as described by subsection (a) of this section if:

  (1) the person was charged with:

    (A) any offense described by Article 62.001(5), Code of Criminal Procedure; or

    (B) an offense other than an offense described by subparagraph (A) of this paragraph if:

      (i) the person has not completed the period of supervision or the person completed the period of supervision less than five years before the date the person applied for registration; or

      (ii) a conviction for the offense would make the person ineligible for registration by operation of law; and

  (2) after consideration of the factors described by §3.149(c) or (d) of this chapter, the executive director or the Board determines that:

    (A) the person may pose a continued threat to the public; or

    (B) employment of the person as a Landscape Architect would create a situation in which the person has an opportunity to repeat the prohibited conduct.

(c) If a person pleads guilty or nolo contendere to conduct which is a violation of a law enforced by the Board, regardless of whether adjudication is deferred, the Board may take disciplinary action.


Source Note: The provisions of this §3.153 adopted to be effective November 29, 2010, 35 TexReg 10507; amended to be effective July 8, 2020, 45 TexReg 4515

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