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RULE §7.130Licensing of Persons with Criminal Backgrounds

(a) The department performs criminal background checks on each applicant for examination or a license. Applications to examine for or receive a license, including a renewal, may be delayed as the result of evaluating any criminal activity revealed by this criminal background check.

(b) No currently incarcerated person is eligible to obtain or renew a pest control license.

(c) The department may revoke, suspend, annul, or amend an existing license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or a misdemeanor, if the crime directly relates to the performance of the occupation or activity for which the license is issued and the prior criminal conviction directly affects such person's present fitness to perform such occupation or activity.

(d) In determining whether a criminal conviction directly relates to the performance of a licensed occupation or activity, the department shall consider:

  (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 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 the licensed occupation.

(e) In making a determination in a particular case, the crimes which the department considers as likely to be directly related to the performance of the licensed occupation or activity include, but are not limited to:

  (1) any felony or misdemeanor of which fraud, dishonesty, or deceit is an essential element;

  (2) any criminal violation of the SPCA;

  (3) any criminal violation of statutes regulating the particular occupation or activity for which licensing is sought;

  (4) any crime involving moral turpitude;

  (5) murder;

  (6) burglary;

  (7) robbery;

  (8) sexual assault;

  (9) theft;

  (10) sexual assault of a child;

  (11) possession of controlled substances;

  (12) assault;

  (13) larceny;

  (14) multiple convictions for the same crime; and

  (15) falsification of a government document.

(f) In determining whether a criminal conviction directly affects a person's present fitness to hold a license under the SPCA, the department shall consider the following factors:

  (1) the extent and nature of the person's past criminal activity;

  (2) the age of the person at the time of the commission of the crime;

  (3) the amount of time that has elapsed since the person's last criminal activity, or release from a penal institution or court supervision;

  (4) the conduct and work activity of the person prior to and following the criminal activity;

  (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and

  (6) other evidence of the person's present fitness, including letters or recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person, the sheriff and chief of police in the community where the person resides, and any other persons in contact with the convicted person.

(g) It is the responsibility of the applicant to the extent possible to secure and provide to the department the recommendations of the prosecution, law enforcement, and correctional authorities. The applicant must also furnish proof in such form as may be required by the department that the applicant has maintained a record of steady employment, supported dependents, maintained a record of good conduct, and paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which convicted.

Source Note: The provisions of this §7.130 adopted to be effective January 9, 2018, 43 TexReg 42; amended to be effective January 16, 2023, 48 TexReg 129

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