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RULE §85.601Effect of Criminal History Information on Applicants and Licensees

(a) Criminal history information. Upon submission of an application for a license, a principal party of an applicant for a pawnshop license or an applicant for an employee license is investigated by the commissioner. In submitting an application for a license, a principal party of an applicant for a pawnshop license or an applicant for an employee license is required to provide fingerprint information to the commissioner. Fingerprint information is forwarded to the Texas Department of Public Safety and to the Federal Bureau of Investigation to obtain criminal history record information. The commissioner will continue to receive information on new criminal activity reported after the fingerprints have been processed. In the case of a new application or if the commissioner finds a fact or condition that existed or, had it existed the license would have been refused, the commissioner may use the criminal history record information obtained from law enforcement agencies, or other criminal history information provided by the applicant or other sources, to issue a denial or initiate an enforcement action. Criminal history information relates to the OCCC's assessment of good moral character and the information gathered is relevant to the licensing or enforcement action decision as described in subsections (b) - (d) of this section.

(b) Information on arrests, charges, indictments, and convictions. In responding to the information requests in the application, all arrests, charges, indictments, and convictions must be disclosed. The applicant must, to the extent possible, secure and provide to the commissioner reliable documents or testimony evidencing the information required to make a determination under subsection (d) of this section, including the recommendations of the prosecution, law enforcement, and correctional authorities. The applicant must also provide proof in such form as may be required by the commissioner that the person has maintained a record of steady employment, has supported the person's dependents, and has otherwise maintained a record of good conduct. At a minimum, the person must provide proof that all outstanding court costs, supervision fees, fines, and restitution as may have been ordered have been paid. Failure to disclose arrests, charges, indictments, and convictions reflects negatively on an applicant's honesty and moral character.

(c) Factors in determining whether conviction relates to occupation of pawnbroker. In determining whether a criminal offense directly relates to the duties and responsibilities of holding a license, the commissioner will consider the following factors, as specified in Texas Occupations Code, §53.022:

  (1) the nature and seriousness of the crime;

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

  (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had 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 a license holder.

(d) Effect of criminal convictions involving moral character.

  (1) The commissioner may deny an application for a license, or suspend or revoke a license, if the applicant or licensee is an individual who has been convicted of any felony or a crime involving moral character that is reasonably related to the applicant's or licensee's fitness to hold a license or to operate lawfully and fairly within Texas Finance Code, Chapter 371. For purposes of this section, the following crimes are considered to be crimes involving moral character:

    (A) Fraud, misrepresentation, deception, or forgery;

    (B) Breach of trust or other fiduciary duty;

    (C) Dishonesty or theft;

    (D) Assault;

    (E) Violation of a statute governing pawnshops of this or another state;

    (F) Failure to file a required report with a governmental body, or filing a false report;

    (G) Attempt, preparation, or conspiracy to commit one of the preceding crimes; or

    (H) Attempt, preparation, or conspiracy to evade Texas Finance Code, Chapter 371 and its provisions or to evade the laws relating to the receiving or conveyance of stolen property.

  (2) Effect of other criminal convictions. The commissioner may deny an application for a license, or revoke an existing license, if a principal party of the license applicant or holder has been convicted of a crime that directly relates to the duties and responsibilities of a pawnbroker. Adverse action by the commissioner in response to a crime specified in this section is subject to mitigating factors and rights of the applicant or licensee, as found in §85.602 of this title (relating to Crimes Directly Related to Fitness for License; Mitigating Factors).

Source Note: The provisions of this §85.601 adopted to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392

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