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TITLE 22EXAMINING BOARDS
PART 1TEXAS BOARD OF ARCHITECTURAL EXAMINERS
CHAPTER 5REGISTERED INTERIOR DESIGNERS
SUBCHAPTER HPROFESSIONAL CONDUCT
RULE §5.162Deferred Adjudication

(a) For purposes of §5.37 and §5.158 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if:

  (1) the person entered a plea of guilty or nolo contendere;

  (2) the court deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer of the court; and

  (3) at the conclusion of a period of supervision, the judge dismissed the proceedings and discharged the person.

(b) Notwithstanding subsection (a) of this section, the executive director may consider a person to have been convicted for committing a criminal offense upon a finding that:

  (1) the person may pose a continued threat to the public; or

  (2) registration would create an opportunity for the person to engage in the same type of criminal activity as that for which the person pled guilty or nolo contendere.

(c) If a person pleads guilty or nolo contendere to conduct which is a violation of a law enforced by the Board, regardless of whether adjudication is deferred, the Board may take disciplinary action.


Source Note: The provisions of this §5.162 adopted to be effective November 29, 2010, 35 TexReg 10509

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