Texas Register, Volume 9, Number 86, Pages 5863 - 5954, November 16, 1984 Page: 5,917
5863 - 5954 p. ; 28 cm.View a full description of this periodical.
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prosecuted, arrested, or had custodial responsibility for
the person; the sheriff and chief of pohce m the commu-
nity where the person resides; and any other persons in
contact with the convicted person.
(3) It shall be the responsibility of the applicant
to the extent possible to secure and provide to the depart-
ment the recommendations of the prosecution, law en-
forcement, and correctional authorities as required by this
subsection
(4) The applicant should also furnish proof in
any- form, as may be required by the department, that
he/she has maintained a record of steady employment
and has otherwise maintained a record of good conduct
and has paid all outstanding court costs, supervision fees,
fines, and restitution as may have been ordered in all
criminal cases In which the applicant had been convicted.
(5) If the department suspends or revokes a valid
registration, or denies a person a registration or the op-
portunity to be examined for a registration in accordance
with this subsection because of the person's prior con-
viction of a crime and the relationship of the crime to
the license, the department shall:
(A) notify the person in writing stating reasons
for the suspension, revocation, denial, or disqualifica-
tion; and
(B) use the review procedure provided by
Texas Civil Statutes, Article 6252-13c and Article 6252-
13d.
(6) The department will be concerned with those
offenses defined as crimes of moral turpitude by statute
or common law from Class A misdemeanors to first, sec-
ond, and third degree felonies carrying fines and/or im-
prisonment or both. Special emphasis shall be given to
the crnmes of robbery, burglary, theft, embezzlement, and
conversion
This agency hereby certifies that the rule as adopted
has been reviewed by legal counsel and found to be
a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on November 6, 1984
TRD-8411315 Robert R Busse
Acting Commissioner
Texas Department of Labor and
Standards
Effective date November 28, 1984
Proposal publication date July 24, 1984
For further information, please call (512) 475-0155.
Chapter 75. Air Conditioning
Contractor License Law
16 TAC 75 11
The Texas Department of Labor and Standards adopts
new 75 11, with changes to the proposed text pub-
lished in the July 20, 1984, issue of the Texas Register
(9 TexReg 3906)
Adoption of this new section provides a better system
of issuing licenses and more confidence by the general
public in the person who is being licensed by the de-
partment.The section requires license applicants to disclose in
their applications if the applicant has a criminal back-
ground. If the applicant discloses a criminal back-
ground, a hearing to determine whether the depart-
ment will issue a license to the applicant will probably
be required.
No comments were received regarding adoption of the
new section.
The new section is adopted under Texas Civil Stat-
utes, Article 8861, which provide the commissioner
of the Texas Department of Labor and Standards with
the authority to adopt rules and regulations and take
all action necessary to assure compliance with the in-
tent and purpose of the Act
75.11. Denial, Suspension, or Revocation of License:
Criminal Background.
(a) The following criteria shall be utihzed to deter-
mine whether an applicant shall be issued a license if that
apphcant states in his/her application for said license that
he/she has previously been or is presently under convic-
tion for a criminal offense:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purpose
of requiring a license to engage in the occupation or in-
dustry;
(3) the extent to which a hcense might offer an
opportunity to engage in further criminal activity of the
same or similar type as that in which the apphcant previ-
ously had been involved;
(4) the relationship of the crime to the ability,
capacity, or fitness required to perform the duties and
discharge the functions and responsibihtles of the licensed
occupation or industry.
(b) In addition to the factors that may be consid-
ered in subsection (a) of this section, the department, in
determining the present fitness of a person who has been
convicted of a crime, may consider the following:
(1) the extended nature of the person's past
criminal activity;
(2) the age of the person at the time of the com-
mission 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 at-
tempted rehabilitation effort while incarcerated or fol-
lowing release; and
(6) other evidence of the person's present fitness,
including letters of recommendation from prosecution,
law enforcement, and correctional officers who prose-
cuted, arrested, or had custodial responsibility for the per-
son; the shenff and chief of police in the community
where the person resides; and any other persons m contact
with the convicted person.
(c) It shall be the responsibility of the apphcant to
the extent possible to secure and provide to the depart-
ment the recommendations of the prosecution, law en-
forcement, and correctional authontles as required by this
rule.
(d) The applicant should also furnish proof m any
form, as may be required by the department, that he/she
has maintained a record of steady employment and hasNovember 16, 1984
Adopted
Rules___
9 TexReg 5917
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Texas. Secretary of State. Texas Register, Volume 9, Number 86, Pages 5863 - 5954, November 16, 1984, periodical, November 16, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243640/m1/55/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.