| (a) Pursuant to Title 2, Occupations Code, Chapter 53, the following apply for registered professional land surveyors and applicants. (1) The registrant shall notify the Board in writing within 90 days of any conviction of any crime under the laws of the "United States, or any state, territory or country thereof, which is a felony or a misdemeanor, whether related to the practice of surveying or not. (2) The applicant will be required to state on a form provided by the board, whether he or she has ever been convicted of a felony or a misdemeanor. (3) Registrants or applicants are required to provide a summary of the conviction in sufficient detail to allow the Board to determine if it is applicable to the practice of professional land surveying or application for registration. (4) If the Board determines the conviction is applicable, the Board staff will obtain sufficient details of the conviction to allow the Board to determine the effect of the conviction on the registrant's practice of surveying or the applicant's eligibility for registration. (b) In determining whether a criminal conviction is applicable to a registrant's surveying practice or an applicant's application, the Board will consider the following: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purposes for practicing surveying; (3) the extent to which a registrant might offer an opportunity to engage in further criminal activity of the same type as that which the individual had been previously involved; and (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a professional land surveyor. (c) In addition to the factors that may be considered under subsection (b) of this section, the Board shall consider the following: (1) extent and nature of the individual's past criminal activity; (2) the age of the individual at the time the crime was committed, and the amount of time that has elapsed since the last criminal activity; (3) the conduct and work activity of the individual prior to the following the criminal activity; (4) evidence of rehabilitation; and (5) other evidence of fitness to practice as a professional land surveyor. (d) Crimes relating to the practice of surveying include, but are not limited to the following: (1) criminal negligence in the practice of surveying; (2) soliciting, offering, giving or receiving any form of bribe in the practice of surveying; (3) the unauthorized use of property, funds or proprietary information belonging to another in the practice of surveying; (4) acts relating to the acquisition, use or dissemination of confidential information related to surveying; and (5) any violation as an individual or as a consenting party of any provision of the Professional Land Surveying Practices Act (Title 6, Occupations Code, Subtitle C). (e) The application of any applicant deemed ineligible for registration because of a prior criminal conviction will be proposed for rejection and the applicant will be provided the following information in writing: (1) the reason for rejecting the application; (2) notice of the administrative procedure used to conduct an informal conference and contested case hearing to show compliance with all requirements of the law for registration as a professional surveyor; and (3) notice that upon exhausting of the administrative appeal, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final. (f) The Board shall revoke the certificate of registration of any registrant incarcerated or jailed as a result of conviction for a felony. The certificate of registration of any registrant shall also be revoked for felony probation revocation, revocation of parole, or revocation of mandatory supervision regardless of the date of the original conviction. (g) The Board may revoke the certificate of registration of any registrant convicted of a misdemeanor or a felony if the crime directly relates to the duties and responsibilities as a professional surveyor. (1) Any registrant whose certificate of registration has been revoked under the provisions of this subsection will be advised in writing of the right to apply for registration. The application criteria are established in subsections (b) and (c) of this section. (2) Any registrant whose certificate of registration has been revoked under the provisions of this subsection and who has exhausted administrative appeals, may file an action in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision or the decision is not subject to appeal. (h) A person is convicted when an adjudication of guilt on an offense is entered against that person by a court of competent jurisdiction whether or not: (1) the sentence is subsequently probated and the person is discharged from probation or community supervision; or (2) the accusation, complaint, information or indictment against the person is dismissed and the person is released from all penalties and disabilities resulting from the offense. (i) Imposition of deferred adjudication community supervision is not a conviction. (j) Persons enrolled or planning to enroll in an educational program in preparation for applying to become a Registered Professional Land Surveyor may request a history evaluation to determine their eligibility for registration. It is the responsibility of the petitioner to obtain and send to the Board for each criminal offense in his or her criminal history (the entire court record), including final court orders noting sentencing information, conditions of probation, revocation of or release from probation, and any other information relating to the petitioner's criminal history, or requested by the Board, along with any recommendations of the prosecution, and/or law enforcement and/or correctional authorities regarding the offense(s). The petitioner shall also furnish documentation acceptable to the Board of prior/current employment status, evidence of court-ordered and/or voluntary rehabilitation, evidence of good conduct in their community, and evidence of payment of all outstanding court costs, supervision fees, fines, and restitution as ordered in the criminal cases in which they have been convicted, placed on deferred adjudication, community supervision and/or deferred disposition. The petitioner shall submit a fee of $50 for the purpose of responding to the request. |
| Source Note: The provisions of this §663.20 adopted to be effective March 22, 1996, 21 TexReg 2078; amended to be effective January 27, 2004, 29 TexReg 636; amended to be effective February 24, 2005, 30 TexReg 849; amended to be effective July 6, 2010, 35 TexReg 5834 |
