(a) In determining whether a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the commission shall consider each of the following factors:
  (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 individual previously had been involved;
  (4) the relationship of the crime to the ability, or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and
  (5) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.
(b) If the commission determines under subsection (a) of this section, that a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the executive director shall consider, in addition to the factors listed in subsection (a) of this section:
  (1) the extent and nature of the individual's past criminal activity;
  (2) the age of the individual when the crime was committed;
  (3) the amount of time that has elapsed since the individual's last criminal activity;
  (4) the conduct and work activity of the individual before and after the criminal activity;
  (5) evidence of the individual's rehabilitation or rehabilitative effort while incarcerated or after release;
  (6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and
  (7) other evidence of the individual's ability to perform the duties and responsibilities of the occupation, including letters of recommendation.
(c) The applicant has the responsibility, to the extent possible, to obtain and provide to the executive director the documentation described by subsection (b)(7) of this section.
(d) In determining whether a criminal conviction directly relates to the licensed occupation, the commission may not consider an arrest that did not result in the person's conviction or placement on deferred adjudication community supervision.

Source Note: The provisions of this §30.34 adopted to be effective July 8, 2010, 35 TexReg 5894; amended to be effective December 9, 2020, 45 TexReg 8775