| (a) The executive director may deny an initial or renewal
application for the following reasons.
(1) Insufficiency. The executive director shall notify
the applicant of the executive director's intent to deny the application
and advise the applicant of the opportunity to file a motion for reconsideration
under §50.39 of this title (relating to Motion for Reconsideration).
The executive director may determine that an application is insufficient
for the following reasons:
(A) failing to meet the licensing or registration requirements
of this chapter; or
(B) if an out-of-state licensing program does not have
requirements substantially equivalent to those of this chapter.
(2) Cause. After notice and opportunity for a hearing,
the commission may deny an application for a license or registration
by an applicant who:
(A) provides fraudulent information or falsifies the
application;
(B) has engaged in fraud or deceit in obtaining or
applying for a license or registration;
(C) has demonstrated gross negligence, incompetence,
or misconduct in the performance of activities authorized by a license
or registration;
(D) made an intentional misstatement or misrepresentation
of fact or information required to be maintained or submitted to the
commission by the applicant or by the license or registration holder;
(E) failed to keep and transmit records as required
by a statute within the commission's jurisdiction or a rule adopted
under such a statute;
(F) at the time the application is submitted, is indebted
to the state for a fee, penalty, or tax imposed by a statute within
the commission's jurisdiction or a rule adopted under such a statute;
(G) is in default on loans guaranteed by Texas Guaranteed
Student Loan Corporation (TGSLC) (the executive director shall proceed
as described in Texas Education Code, Chapter 57) if identified by
TGSLC and the application is for a renewal license or registration;
or
(H) has been convicted of:
(i) an offense that directly relates to the duties
and responsibilities of the licensed occupation;
(ii) an offense that does not directly relate to the
duties and responsibilities of the licensed occupation and that was
committed less than five years before the date the applicant applies
for the license;
(iii) an offense listed in Code of Criminal Procedure,
Article 42.12, Section 3g; or
(iv) a sexually violent offense, as defined by Code
of Criminal Procedure, Article 62.001.
(b) If a person causes, contributes to, or allows a
violation of this chapter, the executive director may issue a warning
letter. The letter shall be placed in the person's permanent file
maintained by the executive director. This letter shall be a warning
that further violations or offenses by the person may be grounds for
suspension, revocation, enforcement action, or some combination. A
warning is not a prerequisite for initiation of suspension, revocation,
or enforcement proceedings.
(c) After notice and hearing, the commission may suspend
or revoke a license, certificate, or registration on any of the grounds
contained in Texas Water Code, §7.303(b).
(d) After notice and hearing, the commission may suspend
or revoke a license on the grounds that the individual has been convicted
of:
(1) an offense that directly relates to the duties
and responsibilities of the licensed occupation;
(2) an offense that does not directly relate to the
duties and responsibilities of the licensed occupation and that was
committed less than five years before the date the individual applies
for the license;
(3) an offense listed in Code of Criminal Procedure,
Article 42.12, Section 3g; or
(4) a sexually violent offense, as defined by Code
of Criminal Procedure, Article 62.001.
(e) The commission shall revoke the license or registration
upon an individual's imprisonment following a felony conviction, felony
community supervision revocation, revocation of parole, or revocation
of mandatory supervision.
(f) Except as provided by subsection (g) of this section,
notwithstanding any other law, the executive director may not consider
an individual to have been convicted of an offense for purposes of
this section if, regardless of the statutory authorization:
(1) the individual entered a plea of guilty or nolo
contendere;
(2) the judge deferred further proceedings without
entering an adjudication of guilt and placed the individual under
the supervision of the court or an officer under the supervision of
the court; and
(3) at the end of the period of supervision, the judge
dismissed the proceedings and discharged the individual.
(g) The executive director may consider an individual
to have been convicted of an offense for purposes of this section
regardless of whether the proceedings were dismissed and the individual
was discharged as described by subsection (f) of this section if,
after consideration of the factors described by Texas Occupations
Code, §53.022 and §53.023(a), the executive director determines
that:
(1) the individual may pose a continued threat to public
safety; or
(2) employment of the individual in the licensed occupation
would create a situation in which the individual has an opportunity
to repeat the prohibited conduct.
(h) After notice and hearing, the commission may revoke
a maintenance provider registration on any of the grounds in Texas
Health and Safety Code, §366.0515(m).
(i) Failure to pay child support.
(1) The commission may suspend a license or registration
if a licensed or registered individual has been identified by the
Office of the Attorney General as being delinquent on child support
payments (upon receipt of a final order suspending a license or registration,
the executive director shall proceed as described in Texas Family
Code, Chapter 232).
(2) The commission shall refuse to accept an application
for:
(A) issuance of a new license or registration to an
individual; or
(B) renewal of an existing license or registration
to an individual if:
(i) the individual has failed to pay child support
for six months or more;
(ii) the commission is notified by a child support
agency, as defined by Texas Family Code, §101.004; and
(iii) the child support agency requests the commission
to refuse to accept the application.
(3) The commission shall not accept an application
for a license that was refused under paragraph (2) of this subsection
until notified by the child support agency that the individual has:
(A) paid all child support arrearages;
(B) established with the child support agency a satisfactory
repayment schedule or is in compliance with a court order for payment
of the arrearages;
(C) been granted an exemption from this subsection
as part of a court-supervised plan to improve the individual's earnings
and child support payments; or
(D) successfully contested the child support agency's
request for the commission's denial of issuance or renewal of the
license or registration.
(4) The commission may charge a fee in an amount sufficient
to recover the administrative costs incurred for denying or suspending
that license.
(j) The suspension period for a license or registration
suspended in accordance with subsection (i) of this section shall
be until:
(1) the court or the Title IV-D agency renders an order
vacating or staying an order suspending the license or registration;
or
(2) the expiration of the license or registration.
(k) After notice and hearing a license or registration
may be suspended for a period of up to one year, depending upon the
seriousness of the violations. A license or registration shall be
revoked after notice and hearing upon a second suspension.
(l) The commission may revoke a license or registration
after notice and hearing for a designated term or permanently. If
a license or registration is revoked a second time, the revocation
shall be permanent.
(m) The following procedures for renewal apply to persons
that have had their license or registration suspended.
(1) If a license or registration expiration date falls
within the suspension period, a person may renew the license or registration
during the suspension period according to §30.24 of this title
(relating to License and Registration Applications for Renewal) and
the applicable subchapters.
(2) A license or registration suspended in accordance
with subsection (i) of this section may not be renewed during the
suspension period. The license or registration may only be renewed
if the court or the Title IV-D agency renders an order vacating or
staying an order suspending the license or registration and the license
or registration has not expired during the suspension period.
(3) After the suspension period has ended, the license
or registration shall be automatically reinstated unless the person
failed to renew the license or registration during the suspension
period.
(n) Persons that have had their license or registration
revoked shall not have their license or registration reinstated after
the revocation period. After the revocation period has ended, a person
may apply for a new license or registration according to this chapter.
|
| Source Note: The provisions of this §30.33 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective March 1, 2006, 31 TexReg 1301; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective July 8, 2010, 35 TexReg 5894; amended to be effective August 30, 2012, 37 TexReg 6607 |
