| (a) Criminal history record information. After an applicant
submits a complete application to NMLS, including a set of fingerprints,
and pays the fees required under §2.104 of this title (relating
to Application and Renewal Fees), the OCCC will investigate the applicant.
The OCCC will obtain criminal history record information through NMLS
based on the applicant's fingerprint submission. The OCCC will continue
to receive information on new criminal activity reported after the
fingerprint information has been initially processed.
(b) Disclosure of criminal history by applicant. The
applicant must disclose all criminal history information required
to file a complete application with NMLS. Failure to provide any information
required by NMLS or requested by the OCCC reflects negatively on the
applicant's character and general fitness to hold a license. 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;
(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.
(c) Crimes directly related to licensed occupation.
The OCCC may deny a license application, or suspend or revoke a license,
if the applicant or licensee has been convicted of an offense that
directly relates to the duties and responsibilities of a licensed
residential mortgage loan originator, as provided by Texas Occupations
Code, §53.021(a)(1).
(1) Originating residential mortgage loans involves
making representations to borrowers regarding the terms of the loan
and collecting charges in a legal manner. Consequently, the following
crimes are directly related to the duties and responsibilities of
a licensee and may be grounds for denial, suspension, or revocation:
(A) theft;
(B) assault;
(C) any offense that involves the 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
transactions 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; and
(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 license, 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 license to engage in the occupation;
(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 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 licensee; and
(E) any correlation between the elements of the crime
and the duties and responsibilities of the licensed occupation.
(3) If a criminal conviction directly relates to the
duties and responsibilities of the license, the OCCC will consider
the following factors in determining whether to deny a license application,
or suspend or revoke a license, 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 license, which may include letters of
recommendation.
(d) Crimes related to financial responsibility, character,
or general fitness. The OCCC may deny a license application, or suspend
or revoke a license, if the applicant or licensee has been convicted
of an offense that relates to financial responsibility, character,
or general fitness to hold a license, as provided by Texas Finance
Code, §180.055(a)(3) and §180.201(2)(A). If the applicant
or licensee has been convicted of an offense described by subsections
(c)(1), (f)(1), or (f)(2) of this section, this reflects negatively
on the applicant or licensee's character and fitness. The OCCC may
deny a license application based on other criminal history of the
applicant if, when the application is considered as a whole, the agency
does not find that the financial responsibility, experience, character,
and general fitness of the applicant are sufficient to command the
confidence of the public and warrant the belief that the applicant
will operate lawfully and fairly. The OCCC will consider the factors
identified in subsection (c)(2) - (3) of this section in its review
of character and fitness.
(e) Revocation on imprisonment. A license will be revoked
on the licensee'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 license application, or suspend or revoke a license,
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) a conviction for, or plea of guilty or nolo contendere
to, a felony during the preceding seven years or a felony involving
an act of fraud, dishonesty, breach of trust, or money laundering,
as provided by Texas Finance Code, §180.055(a)(2) and §180.201(2)(A);
(3) a material misstatement or failure to provide information
in a license application, as provided by Texas Finance Code, §180.201(2);
and
(4) any other information indicating that the financial
responsibility, character, or general fitness of the applicant or
licensee do not command the confidence of the public or do not warrant
the determination that the applicant or licensee will operate honestly,
fairly, and efficiently within the purposes of Texas Finance Code,
Chapter 180 and other appropriate regulatory laws of this state, as
provided by Texas Finance Code, §180.055(a)(3) and §180.201(2)(A).
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