(a) A proceeding before the Commission to establish factors required to be considered under this section is governed by Chapter 53, Government Code. Any appeals proceeding in response to disciplinary action taken by the Commission in the form of license denial, revocation, suspension or other action taken by the Commission under this subsection is governed by Article 38.01 §4-c, Code of Criminal Procedure.
(b) Guidelines for consideration of criminal convictions. If an applicant has a criminal conviction above a Class C misdemeanor, the applicant may not be qualified to hold a forensic analyst license.
(1) Convictions that may trigger a denial. Subject to paragraph (7) of this subsection, the Commission may suspend or revoke a forensic analyst license, disqualify a person from receiving a license, refuse to renew a person's license, or deny to a person the opportunity to take the general forensic licensing examination on the grounds the person has been convicted of:
(2) A forensic analyst license holder's license may be revoked on the license holder's imprisonment following a felony conviction, felony community supervision, revocation of parole, or revocation of mandatory supervision.
(3) An offense from another state containing elements substantially similar to the enumerated offenses under the Texas Penal Code shall be considered under this section the same way as the offense would have been considered had it been committed in Texas.
(4) Offenses that apply to category paragraph (1)(A) of this subsection because they directly relate to the duties and responsibilities associated with an analyst's license may include, but are not limited to:
(5) Consequences. In the event of a criminal conviction, the Commission may take one of the following courses of action:
(6) Determining whether conviction directly relates to the duties and responsibilities associated with the analyst's license. In determining whether a criminal conviction directly relates to the duties and responsibilities associated with the analyst's license, the Commission shall consider each of the following factors:
(7) Additional factors for consideration after determining conviction directly relates to occupation. If the Commission determines under paragraph (6) of this subsection that a criminal conviction directly relates to the duties and responsibilities associated with the analyst's license, the Commission considers the following in determining whether to take an action authorized by paragraph (1) of this subsection in addition to the factors listed in paragraph (6) of this subsection:
(8) An applicant has the responsibility, to the extent possible, to obtain and provide to the Commission the recommendations described by paragraph (7)(G) of this subsection.
(c) Notice and Review of Suspension, Revocation or Denial of License. If the Commission suspends or revokes a license or denies a person a license or the opportunity to be examined for a license because of the person's prior conviction of an offense, the Commission shall notify the person in writing of:
(1) the reason for the suspension, revocation, denial, or disqualification, including any factor considered under paragraphs (6) or (7) of this subsection that served as the basis for the suspension, revocation, denial, or disqualification;
(2) the review procedure provided by §651.216(d)-(f) of this title (relating to Disciplinary Action); and
(3) the earliest date the person may appeal the action of the Commission.
(d) Presiding Officer or Designee Authority to Approve Applications. The Commission's Presiding Officer or Designee may unilaterally approve an application where a criminal background check returns a misdemeanor conviction or convictions older than ten (10) years from the date the application is submitted and the Presiding Officer or Designee has determined the individual is eligible for a license notwithstanding the misdemeanor conviction or convictions.
Source Note: The provisions of this §651.217 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective February 26, 2019, 44 TexReg 869; amended to be effective May 5, 2019, 44 TexReg 2269; amended to be effective September 15, 2019, 44 TexReg 4875