(a) In determining whether a criminal conviction directly
relates to the duties and responsibilities of a licensed occupation,
the commission shall consider each of the following factors:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license to engage in the occupation;
(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 individual previously had been involved;
(4) the relationship of the crime to the ability, or
capacity required to perform the duties and discharge the responsibilities
of the licensed occupation; and
(5) any correlation between the elements of the crime
and the duties and responsibilities of the licensed occupation.
(b) If the commission determines under subsection (a)
of this section, that a criminal conviction directly relates to the
duties and responsibilities of a licensed occupation, the executive
director shall consider, in addition to the factors listed in subsection
(a) of this section:
(1) the extent and nature of the individual's past
criminal activity;
(2) the age of the individual when the crime was committed;
(3) the amount of time that has elapsed since the individual's
last criminal activity;
(4) the conduct and work activity of the individual
before and after the criminal activity;
(5) evidence of the individual's rehabilitation or
rehabilitative effort while incarcerated or after release;
(6) evidence of the person's compliance with any conditions
of community supervision, parole, or mandatory supervision; and
(7) other evidence of the individual's ability to perform
the duties and responsibilities of the occupation, including letters
of recommendation.
(c) The applicant has the responsibility, to the extent
possible, to obtain and provide to the executive director the documentation
described by subsection (b)(7) of this section.
(d) In determining whether a criminal conviction directly
relates to the licensed occupation, the commission may not consider
an arrest that did not result in the person's conviction or placement
on deferred adjudication community supervision.
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