| (a) The license of a person convicted of a felony shall
be immediately revoked.
(b) The license of a person convicted or placed on
community supervision for an offense directly related to the duties
and responsibilities of any related office held by that person may
be revoked. In determining whether an offense directly relates to
such office, the commission will consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purpose for
requiring a license for such office;
(3) 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; and
(4) the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of such office.
(c) The license of a person convicted or placed on
community supervision for any offense involving family violence shall
be revoked.
(d) The license of a person who is noncompliant for
the third time in obtaining continuing education shall be revoked.
(e) The license of a person who has received a dishonorable
discharge from the armed forces of the United States shall be revoked.
(f) The license of a person who has made, submitted,
caused to be submitted, or filed a false or untruthful report to the
commission may be revoked.
(g) The license of a person who has been found to be
in unauthorized possession of any commission licensing examination
or portion of a commission licensing examination, or a reasonable
facsimile shall be revoked.
(h) Revocation permanently bars the person from any
future licensing or certification by the commission.
(i) A revoked license cannot be reinstated unless the
licensee provides proof of facts supporting the revocation have been
negated, such as:
(1) the felony conviction has been reversed or set
aside on direct or collateral appeal, or a pardon based on subsequent
proof of innocence has been issued;
(2) the dishonorable or bad conduct discharge has been
upgraded to above dishonorable or bad conduct conditions; or
(3) the report alleged to be false or untruthful was
found to be truthful.
(j) During the direct appeal of any appropriate conviction,
a license may be revoked pending resolution of the mandatory direct
appeal. The license will remain revoked unless and until the holder
proves that the conviction has been set aside on appeal.
(k) The holder of any revoked license may informally
petition the executive director for reinstatement of that license
based upon proof by the licensee that the facts supporting the revocation
have been negated.
(l) If granted, the executive director shall inform
the commissioners of such action no later than at their next regular
meeting.
(m) If denied, the holder of a revoked license may
petition the commission for a hearing to determine reinstatement based
upon the same proof.
(n) The effective date of this section is June 1, 2022.
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