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RULE §535.52Fitness Requirements for Individual Applicant

(a) The Commission may deny a license to an applicant who fails to satisfy the Commission as to an individual applicant's honesty, trustworthiness, or integrity under the Act, Texas Occupations Code Chapter 1102, and the rules of the Commission.

(b) Conduct that tends to demonstrate that an applicant does not possess the requisite honesty, trustworthiness or integrity includes, but is not limited to:

  (1) a plea of guilty or nolo contendere to or a conviction of any offense listed in §541.1 of this title (relating to Criminal Offense Guidelines);

  (2) failing to successfully or satisfactorily complete any term or condition of parole, supervised release, probation, or community supervision;

  (3) providing false or misleading information to the Commission;

  (4) disciplinary action taken against, or the surrender of, any professional or occupational license or registration, in this state, any other state, or the federal government;

  (5) engaging in activities for which a license or registration is required without having the legal authorization to do so, in this or any other state;

  (6) violating any provision of the Act;

  (7) violating any provision of the rules of the Commission;

  (8) failing to pay a judgment (including any court-ordered costs, fees, penalties, or damages), that is not otherwise discharged in bankruptcy;

  (9) failing to provide information or documentation related to fitness requirements not later than the 60th day after the date the Commission sends a written request to an applicant; and

  (10) failing to comply with any term of an administrative order issued by this state, any other state, or the federal government, including failure to pay an administrative penalty.

Source Note: The provisions of this §535.52 adopted to be effective January 1, 1976; amended to be effective October 4, 1976, 1 TexReg 2614; amended to be effective February 10, 1977, 2 TexReg 360; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 7, 2009, 34 TexReg 57; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective May 28, 2018, 43 TexReg 3359; amended to be effective December 11, 2019, 44 TexReg 7699

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