| (a) In determining a person's fitness for a license
issued or to be issued by the department under Transportation Code,
Chapter 503 or Occupations Code, Chapter 2301, the board will consider:
(1) the requirements of Occupations Code, Chapter 53;
(2) the provisions of Occupations Code, §2301.651
and Transportation Code §503.034;
(3) any specific statutory licensing criteria or requirements;
(4) mitigating factors; and
(5) other evidence of a person's fitness, as allowed
by law, including the standards identified in subsection (b) of this
section.
(b) The board may determine that a person is unfit
to perform the duties and discharge the responsibilities of a license
holder and may, following notice and an opportunity for hearing, deny
a person's license application or revoke or suspend a license if the
person:
(1) fails to meet or maintain the qualifications and
requirements of licensure;
(2) is convicted, or considered convicted under Occupations
Code §53.021(d), by any local, state, federal, or foreign authority
of an offense that directly relates to the duties or responsibilities
of the licensed occupation as described in §211.3 of this title
(relating to Criminal Offense Guidelines) or is convicted, or considered
convicted under Occupations Code §53.021(d), of an offense that
is independently disqualifying under Occupations Code §53.021;
(3) omits information or provides false, misleading,
or incomplete information on an initial application, renewal application,
or application attachment, for a license or other authorization issued
by the department or by any local, state, or federal regulatory authority;
(4) is found to have violated an administrative or
regulatory requirement based on action taken on a license, permit,
or other authorization, including disciplinary action, revocation,
suspension, denial, corrective action, cease and desist order, or
assessment of a civil penalty, administrative fine, fee, or similar
assessment, by the board, department, or any local, state, or federal
regulatory authority;
(5) is insolvent or fails to obtain or maintain financial
resources sufficient to meet the financial obligations of the license
holder;
(6) is a corporation or other legal entity that fails
to maintain its charter, certificate, registration, or other authority
to conduct business in Texas;
(7) is assessed a civil penalty, administrative fine,
fee, or similar assessment, by the board, department, or a local,
state, or federal regulatory authority, for violation of a requirement
governing or impacting the distribution or sale of a vehicle or a
motor vehicle, or the acquisition, sale, repair, rebuild, reconstruction,
or other dealing of a salvage motor vehicle or nonrepairable motor
vehicle, and fails to comply with the terms of a final order or fails
to pay the penalty pursuant to the terms of a final order;
(8) was or is a person described in §211.2 of
this title (relating to Application of Subchapter) whose actions or
omissions could be considered unfit, who is ineligible for licensure,
or whose current or previous license, permit, or other authorization
issued by any local, state, or federal regulatory authority has been
subject to disciplinary action including suspension, revocation, denial,
corrective action, cease and desist order, or assessment of a civil
penalty, administrative fine, fee, or similar assessment;
(9) has an ownership, organizational, managerial, or
other business arrangement, that would allow a person the power to
direct or cause the direction of the management, policies, and activities,
of an applicant or license holder, whether directly or indirectly,
when the person could be considered unfit, ineligible for licensure,
or whose current or previous license, permit, or other authorization
issued by any local, state, or federal regulatory authority, has been
subject to disciplinary action, including suspension, revocation,
denial, corrective action, cease and desist order, or assessment of
a civil penalty, administrative fine, fee, or similar assessment,
by the board, department, or any local, state, or federal regulatory
authority;
(10) is found in a final order issued after a contested
case hearing to be unfit or acting in a manner detrimental to the
system of distribution or sale of motor vehicles in Texas, the economy
of the state, the public interest, or the welfare of Texas residents.
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