Texas Register, Volume 9, Number 31, Pages 2283-2340, April 24, 1984 Page: 2,319
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711.11. Licensing of Persons with Criminal Back-
grounds to Be Dietitians and Provisional Dietitians.
(a) Purpose. This section is designed to establish
guidelines and criteria on the eligibility of persons with
criminal backgrounds to obtain licenses as dietitians or
(b) Criminal convictioiis which directly relate to the
profession of dietetics.
(1) The board may suspend or revoke an exist-
ing license, disqualify a person from receiving a license,
or deny to a person the opportunity to be examined for
a license because of a person's conviction of a felony or
misdemeanor if the crime directly relates to the duties and
responsibilities of a licensee.
(2) In considering whether a criminal conviction
directly relates to the occupation of a licensed dietitian
or provisional licensed dietitian, the board shall consider:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the pur-
poses for licensure as a dietitian or provisional dietitian.
The following felonies and misdemeanors relate to the
license of a dietitian or provisional dietitian because these
criminal offenses indicate an inability or a tendency to
be unable to perform as a licensed dietitian or a provi-
sional licensed dietitian.
(i) The misdemeanor of knowingly or inten-
tionally acting as a licensed dietitian or provisional
licensed dietitian without a license under 15 of the Act.
(i) A misdemeanor and/or a felony offense
involving moral turpitude.
(iii) A misdemeanor or felony offense under
various titles of the Texas Penal Code:
(I) offenses against the person (Title 5);
(il) offenses against property (Title 7);
(111) offenses against public order and de-
cency (Title 9);
(IV) offenses against public health, safe-
ty, and morals (Title 10); and
(V) offenses of attempting or conspiring
to commit any of the offenses in this subsection (Title 4).
(iv) The misdemeanors and felonies listed in
clauses (i)-(iii) of paragraph (2)(B) of this subsection are
not inclusive in that the board may consider other par-
ticular crimes in special cases in order to promote the in-
tent of the Act and these sections.
(C) 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 person previously had
been involved; and
(D) the relationship of the crime to the abili-
ty, capacity, or fitness required to perform the duties and
discharge the responsibilities of a licensed dietitian or
provisional licensed dietitian. In making this determina-
tion, the board will apply the criteria outlined in Article
6252-13c, 4(c)(1)-(7), the legal authority for the provi-
sions of this section.
(c) Procedures for revoking, suspending, or deny-
ing a license to persons with criminal backgrounds.
(1) The board's executive secretary will give writ-
ten notice to the person that the board intends to deny,
suspend, or revoke the license after hearing in accordance
with the provisions of the Administrative Procedure and
Texas Register Act, Texas Civil Statutes, Article 6252-13a,
and the board's formal hearing procedures, 711.13 of
this title (relating to Formal Hearings).
(2) If the board denies, suspends, or revokes a
license under these rules after hearing, the executive secre-
tary will give the person written notice:
(A) of the reasons for the decision;
(B) that the person, after exhausting adminis-
trative appeals, may file an action in a District Court of
Travis County, Texas, for review of the evidence present-
ed to the board and its decision; and
(C) that the person must begin the judicial
review by filing a petition with the court within 30 days
after the board's action is final and appealable.
711.13. Formal Hearings.
(a) Purpose. This section covers the formal hearing
procedures and practices that will be used by the board
in handling suspensions and revocations of licenses,
probating a license suspension, and reprimanding a licen-
see. The intended effect of these procedures is to imple-
ment the contested case provisions of the Administrative
Procedure and Texas Register Act, Texas Civil Statutes,
Article 6252-13a, and the relevant sections of the Licensed
Dietitian Act, Texas Civil Statutes, Article 4512h, and
to make the public aware of these procedures and
(b) Definitions. The following words and terms,
when used in this section, shall have the following mean-
ings, unless the context clearly indicates otherwise:
(I) Act-The Licensed Dietitian Act, Texas Civil
Statutes, Article 4512h.
(2) APTRA-The Administrative Procedure and
Texas Register Act, Texas Civil Statutes, Article 6252-13a.
(3) Board-The Texas State Board of Examiners
(4) Contested case-A proceeding in accordance
with APTRA and these rules, including, but not restricted
to, rule enforcement and licensing, in which the legal
rights, duties, or privileges of a party are to be determined
by the board after an opportunity for an adjunctive
(5) Formal hearing-A formal hearing in accor-
dance with these rules and includes a contested case as
defined in these rules and other required formal hearings.
(6) Hearing examiner-An attorney duly desig-
nated and appointed by the Texas commissioner of health
as requested and approved by the board who conducts
formal hearings under these rules on behalf of the board.
(7) Licensee-Any person licensed by the board.
(8) Party--Any person or governmental agency,
or any subdivision thereof, or officer or employee of a
governmental agency named by the hearing examiner as
having a justiciable interest in the matter being consid-
ered, or any person or governmental agency, or any sub-
division thereof, or officer or employee of a governmental
agency meeting the requirements of a party as prescribed
by applicable law.
(9) Person-Any natural person, partnership,
municipal corporation, cooperative corporation, corpo-
ration, association, governmental subdivision, or public
or private organization of any character other than an
(10) Pleading-Any written allegation filed by
a party concerning its claim or position.
9 TexReg 2319
- I I 1~ -11111111)
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Texas. Secretary of State. Texas Register, Volume 9, Number 31, Pages 2283-2340, April 24, 1984, periodical, April 24, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243584/m1/37/: accessed May 24, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.