Current through Reg. 49, No. 12; March 22, 2024
(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.