This section sets out the guidelines and criteria related to the board's authority to deny certification, registration, or other approval, or to take disciplinary action based upon a person's criminal background.
(1) The board may suspend or revoke any certificate, registration, or other approval; disqualify a person from receiving any certificate, registration, or other approval; or deny to a person the opportunity to be examined for a certificate if the person is convicted of or subject to a deferred adjudication, enters a plea of nolo contendere or guilty to a felony or misdemeanor, and if the crime directly relates to the duties and responsibilities of a certificate, registration, or permit holder.
(2) In considering whether a pleading of nolo contendere or a criminal conviction directly relates to the occupation of a holder of a certificate, registration, or other approval, the board shall consider:
(3) The following felonies and misdemeanors apply to any certificate, registration, or other approval because these criminal offenses indicate an inability or a tendency to be unable to perform as a holder of a certificate, registration, or other approval:
(4) The misdemeanors and felonies listed in paragraph (3) of this section are not exclusive. The Board may consider other particular crimes in special cases in order to promote the intent of the Act and these sections.
Source Note: The provisions of this §194.23 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective April 17, 2019, 44 TexReg 1859