Texas Register, Volume 24, Number 10, Pages 1509-1690, March 5, 1999 Page: 1,587
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(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring the certificate issued by the commission;
(3) the extent to which the certificate might offer an
opportunity to engage in further criminal activity of the same type as
that in which the person previously had been involved;
(4) the relationship of the crime to the ability, capacity, or
fitness required to perform the duties and discharge the responsibili-
ties of the certificate holder;
(5) the level and nature of supervision of the person by
others; and
(6) the level and nature of access to public, commercial,
and residential properties, including access after regular business
hours and access to areas not open to the general public.
403.9. Mitigating Factors.
(a) In addition to the factors that must be considered under
403.7 of this title (relating to Criminal Conviction Guidelines), in
determining the present fitness of a person who has been convicted
of a crime, the commission shall consider the following evidence:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person at the time of the commission
of the crime;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person prior to
and following the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6) other evidence of the person's present fitness, includ-
ing letters of recommendation from:
(A) prosecution, law enforcement, and correctional of-
ficers who prosecuted, arrested, or had custodial responsibility for the
person;
(B) the sheriff or chief of police in the community
where the person resides; and
(C) any other persons in contact with the convicted
person.
(b) It shall be the responsibility of the applicant to the extent
possible to secure and provide to the commission the recommenda-
tions of prosecution, law enforcement, and correctional authorities as
required by statute and these rules upon request by the commission
staff. The applicant shall also furnish:
(1) a copy of the indictment, information or complaint;
(2) a copy of the judgement(s) or order(s) of the court ad-
judicating guilt, granting probation, community supervision, deferred
adjudication, or discharge from probation or community supervision;
(3) a record of steady employment in the form of a letter
from current or former employers;
(4) a record that the applicant has supported his or her
dependents in the form of a letter from a person in the applicant's
community with personal knowledge of the circumstances;(5) evidence that the applicant has paid all outstanding
court costs, supervision fees, fines, and restitution as may have been
ordered in all criminal cases in which he or she has been convicted,
in the form of copies of official records, documents, or a letter from
the person's probation or parole officer where applicable concerning
his or her current status.
403.11. Procedures for Suspension, Revocation, or Denial of a
Certificate to Persons with Criminal Backgrounds.
(a) If the commission's Standards Division (the division)
proposes to suspend, revoke, limit, or deny a certificate based on
the criteria in this chapter, the division shall notify the individual at
his or her last known address as shown in the commission's records,
by registered or certified mail. The notice of intended action shall
specify the facts or conduct alleged to warrant the intended action.
(b) If the proposed action is to limit, suspend, revoke, or
refuse to renew a current certificate, the notice of intended action shall
comply with the preliminary notice requirements of Government Code
2001.054(c). The individual may request an informal conference
with the commission staff in order to show compliance with all
requirements of law for the retention of the certificate, pursuant to
Government Code 2001.054(c). The request for an informal staff
conference must be submitted to the division director no later than 15
days after the date of the notice of intended action. If the informal
staff conference does not result in an agreed consent order, a formal
hearing shall be conducted in accordance with the Administrative
Procedure Act, Government Code, Chapter 2001.
(c) An individual who does not hold a current certificate may
request a formal hearing in order to contest the proposed action of
the division. The request must be submitted in writing to the division
director no later than 15 days after the date of the notice. A formal
hearing shall be conducted in accordance with the Administrative
Procedure Act, Government Code, Chapter 2001.
(d) If the individual does not request an informal staff
conference or a formal hearing in writing within the time specified in
this section, the individual is deemed to have waived the opportunity
for a hearing, and the proposed action will be taken.
(e) If the commission limits, suspends, revokes, or denies a
certificate under this chapter, the executive director shall give the
person written notice:
(1) of the reasons for the decision;
(2) that the person may appeal the decision of the
executive director to the commission in accordance with 401.93 of
this title (relating to Appeals to the Commission) within 30 days from
the date the decision of the executive director is final and appealable;
(3) that the person, after exhausting administrative ap-
peals, may file an action in a district court of Travis County, Texas,
for judicial review of the evidence presented to the commission and
its decision and that such petition must be filed with the court no later
than 30 days after the commission's action is final and appealable.
9403.15. Report of Convictions by Individual or Department.
(a) A certificate holder shall report to the commission, any
conviction, other than a minor traffic offense (Class C misdemeanor)
under the laws of this state, another state, the United States, or foreign
country, within 14 days of the date of the conviction.
(b) A fire department or local government regulated by the
commission shall report to the commission, any conviction, other than
a minor traffic offense (Class C misdemeanor) under the laws of this
state, another state, the United States, or foreign country, that it hasPROPOSED RULES March 5, 1999 24 TexReg 1587
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Texas. Secretary of State. Texas Register, Volume 24, Number 10, Pages 1509-1690, March 5, 1999, periodical, March 5, 1999; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113881/m1/80/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.