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TITLE 22EXAMINING BOARDS
PART 39TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
CHAPTER 851TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES
SUBCHAPTER CCODE OF PROFESSIONAL CONDUCT
RULE §851.108Criminal Convictions

(a) The Board will adhere to Texas Occupations Code Chapter 53 regarding application for a license or suspending or revoking an existing license due to conviction of a crime that directly relates to the duties and responsibilities of a Professional Geoscientist.

(b) Crimes directly related to the duties and responsibilities of a Professional Geoscientist include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of geoscience, such as the following:

  (1) Criminal negligence;

  (2) Soliciting, offering, giving, or receiving any form of bribe;

  (3) The unauthorized use of property, funds, or proprietary information belonging to a client or employer;

  (4) Acts relating to the malicious acquisition, use, or dissemination of confidential information related to geoscience; and

  (5) Any intentional violation as an individual or as a consenting party of any provision of the Act.

(c) If the Board takes action against any Applicant or Professional Geoscientist pursuant to this section, the Board shall provide the Applicant or Licensee with the following information in writing:

  (1) The reason for rejecting the application or taking action against the Licensee's license;

  (2) Notice that upon exhaustion of the administrative remedies provided by the Administrative Procedure Act, Chapter 2001, Texas Government Code, 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 thirty (30) days after the Board's decision is final; and

  (3) The earliest date the person may appeal.

(d) All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Texas Government Code.


Source Note: The provisions of this §851.108 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2012, 36 TexReg 8826

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