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RULE §153.19Licensing for Persons with Criminal History

(a) No currently incarcerated individual is eligible to obtain or renew a license. A person's license will be revoked upon the person's imprisonment following a felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory suspension.

(b) The Board may suspend or revoke an existing valid license, disqualify an individual from receiving a license, deny to a person the opportunity to be examined for a license or deny any application for a license, if the person has been convicted of a felony, had their felony probation revoked, had their parole revoked, or had their mandatory supervision revoked. Any such action shall be made after consideration of the factors detailed in Texas Occupations Code §53.022 and subsection (d) of this section.

(c) A license holder must conduct himself or herself with honesty, integrity, and trustworthiness. Thus, the Board has considered the factors in Texas Occupations Code §53.022 and deems the following crimes to be directly related to the occupation of appraiser or appraiser trainee:

  (1) offenses involving fraud or misrepresentation;

  (2) offenses against real or personal property belonging to another, if committed knowingly or intentionally;

  (3) offenses against public administration;

  (4) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;

  (5) offenses involving moral turpitude; and

  (6) offenses of attempting or conspiring to commit any of the foregoing offenses.

(d) In determining the present fitness of an applicant or license holder who has been convicted of a crime, the Board will consider the following evidence:

  (1) the extent and nature of the past criminal activity;

  (2) the age at the time of the commission of the crime;

  (3) the amount of time that has elapsed since the last criminal activity;

  (4) the conduct and work activity prior to and following the criminal activity;

  (5) evidence of rehabilitation or rehabilitative effort while incarcerated or following release; and

  (6) other evidence of present fitness including letters of recommendation from:

    (A) prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility;

    (B) the sheriff and chief of police in the community where the applicant or license holder resides; and

    (C) any other person in contact with the applicant or license holder.

(e) It shall be the responsibility of the applicant or license holder to the extent possible to secure and provide the Board the recommendations of the prosecution, law enforcement, and correctional authorities, as well as evidence, in the form required by the Board, relating to whether the applicant has maintained a record of steady employment, has supported his or her dependents and otherwise maintained a record of good conduct, and is current on the payment of all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which the person has been convicted.

(f) Criminal History Evaluation. Before applying for a license, a person with a criminal history may request the Board to evaluate the prospective applicant's criminal history by submitting the request form approved by the Board and paying the required fee. Upon receiving such a request, the Board may request additional supporting materials. Requests will be processed under the same standards as applications for a license. In responding to a request, the Board shall address each offense listed in the request.

Source Note: The provisions of this §153.19 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective November 12, 2009, 34 TexReg 7808; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective September 7, 2014, 39 TexReg 6857

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