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RULE §153.19Licensing and Certification for Persons with Criminal Histories

(a) No currently incarcerated individual will be eligible to obtain or renew an appraiser license or certification.

(b) The board may suspend or revoke an existing valid license or certification, disqualify an individual from receiving a license or certification, deny to a person the opportunity to be examined for a license or certification or deny any application for a license or certification, 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 subsections (e) and (f) of this section. A person's license, certification, authorization as an appraiser trainee, or non-resident temporary practice registration shall be revoked upon the person's imprisonment following a felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision.

(c) The Texas Appraiser Licensing and Certification Board considers it very important that persons who are licensed or certified, persons who are candidates to be licensed or certified, and persons who are training to be licensed or certified be honest, trustworthy, and reliable. The public necessarily reposes a great deal of trust and reliance upon licensed and certified appraisers because of the complex nature of appraisal valuation, and such relationship should not be undermined. When entering onto another's business or residential property or when representing the interests of another, an appraiser must conduct himself or herself with honesty, trustworthiness, reliability, and integrity. Thus, the board deems the following felonies and misdemeanors directly related to the occupation of licensed or certified appraisers or appraiser trainees:

  (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 whether a criminal offense is directly related to an occupation, the board shall consider the following factors:

  (1) the nature and seriousness of the crime;

  (2) the relationship of the crime to the purposes for requiring a license or certification to engage in the occupation;

  (3) the extent to which a license or certification might offer an opportunity to engage in further criminal activity of the same type as that which the person 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 the licensed or certified occupation.

(e) In determining the present fitness of a person who has been convicted of a crime under this section, the board shall consider the following evidence:

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

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

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

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

  (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and

  (6) other evidence of the person's present fitness including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and chief of police in the community where the person resides; and any other persons in contact with the convicted person.

(f) It shall be the responsibility of the applicant 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 he or she has been convicted.

(g) Criminal History Evaluation. Before applying for a license or certification under this chapter, a person with a criminal history may request that the Board evaluate the prospective applicant's criminal history by submitting the request form approved by the board. Upon receiving such a request, the Board may request additional supporting materials. Requests will be processed under the same standards as applications for licensure or certification. 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

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