| (a) The Board shall revoke any and all registrations,
licenses, or endorsements held by an individual if the individual
is incarcerated due to a felony conviction, felony community supervision
revocation, revocation of parole, or revocation of mandatory supervision.
The Board shall automatically deny an application submitted by an
individual who, at the time the application is submitted, is incarcerated
because of a felony conviction, felony community supervision revocation,
revocation of parole, or revocation of mandatory supervision.
(b) The Board shall review the application of an individual
that has been convicted of a felony or misdemeanor directly related
to plumbing to determine whether to disqualify the individual from
receiving a registration, license, or endorsement, or deny the individual
the opportunity to take an examination.
(c) In determining whether a criminal offense is directly
related to plumbing, the Board shall consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license or registration to perform plumbing or plumbing
inspections;
(3) the extent to which a license or registration might
offer an opportunity to engage in further criminal activity of the
same type as that in which the applicant had previously 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 registered and licensed individuals performing plumbing or plumbing
inspections.
(d) In addition to the factors listed in subsection
(c) of this section, the Board, in determining whether an applicant
who has been convicted of a crime is fit for licensure, shall consider:
(1) the extent and nature of the applicant's past criminal
activity;
(2) the age of the applicant when the crime was committed;
(3) the amount of time that has elapsed since the applicant's
last criminal activity;
(4) the amount of time that has elapsed since the applicant's
release from incarceration;
(5) the conduct and work activity of the applicant
before and after the criminal activity;
(6) evidence of the applicant's rehabilitation or rehabilitative
effort while incarcerated or after release;
(7) letters of recommendation signed and dated by a
current employer, if the applicant is employed, or a previous employer,
stating that the employer has specific and complete knowledge of the
applicant's criminal history and stating the reasons that the employer
is recommending that the applicant be considered fit and not a threat
to the public's health, safety, and welfare; and
(8) letters of recommendation signed and dated by any
other person in contact with the applicant.
(e) An applicant who has been convicted of a felony
shall obtain and submit to the Board:
(1) a fully-completed Supplemental Criminal History
Information Form signed by the applicant;
(2) the letters of recommendation described in subsections
(d)(7) and (8) of this section; and
(3) proof, in the form required by the Board, that
the applicant has:
(A) maintained a record of steady employment;
(B) supported the applicant's dependents, if any;
(C) maintained a record of good conduct;
(D) paid all outstanding court costs, supervision fees,
fines, and restitution ordered in any criminal case in which the applicant
has been convicted; and
(E) successfully completed all court-ordered or voluntary
rehabilitation classes, courses, or programs.
(f) An applicant who has been convicted of a misdemeanor
shall obtain and submit a Supplemental Criminal History Form only
if requested by the agency.
(g) In addition to the information listed in subsection
(e) of this section, an applicant with a conviction of a sexual nature
shall obtain and provide to the Board the written results of a standard,
nationally-recognized testing and evaluation of the applicant, recently
performed by a licensed professional therapist or counselor who is
certified as a Registered Sex Offender Treatment Provider in the State
of Texas, to determine the level of likelihood for the applicant to
commit future crimes of a sexual nature.
(h) If required by the Board, the applicant shall meet
all requirements necessary for the Board to access the applicant's
criminal history record information maintained by the Department of
Public Safety and the Federal Bureau of Investigation, including submitting
fingerprint information and paying the required fees.
(i) The agency may approve, without Board approval,
the application for a license, endorsement, or registration of an
individual who has a criminal conviction, if the staff finds that
the criminal conviction is not directly related to plumbing.
(1) The agency may request an applicant with a criminal
conviction to appear before the staff and present information relating
to the applicant's criminal conviction.
(2) If the agency review determines that an applicant
is ineligible for a license, endorsement, or registration based on
the applicant's criminal conviction, the agency shall give timely
notice of the denial to the applicant at the applicant's last known
address on file with the Board. The notice shall inform the denied
applicant of the applicant's right to request in writing, within twenty
(20) days of the mailing of the notice of denial, a hearing before
an administrative law judge of the State Office of Administrative
Hearings to review the determination.
(3) If a denied applicant fails to submit a timely
request for a hearing under paragraph (2) of this subsection, the
agency decision is rendered final. A denied applicant may not apply
for a new registration, license or endorsement before the first anniversary
of the date the denial becomes final.
(4) If a denied applicant requests a hearing under
paragraph (2) of this subsection, the Board shall determine the applicant's
eligibility after reviewing the Proposal for Decision issued by the
administrative law judge, and provide the denied applicant a written
statement containing:
(A) the reason for the suspension, revocation, denial,
or disqualification;
(B) the judicial review procedure provided by §53.052
of the Texas Occupations Code; and
(C) the earliest date the applicant may appeal the
action of the licensing authority.
(5) An applicant who is denied after a hearing held
under paragraph (2) of this subsection may not apply for a new registration,
license, or endorsement before the first anniversary of the date the
denial becomes final.
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