SECTION 363.15. Consequences to an Applicant With Criminal Convictions

(a) The Board shall revoke any and all registrations, licenses, or endorsements held by an individual if the individual is incarcerated due to a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision. The Board shall automatically deny an application submitted by an individual who, at the time the application is submitted, is incarcerated because of a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.

(b) The Board shall review the application of an individual that has been convicted of a felony or misdemeanor directly related to plumbing to determine whether to disqualify the individual from receiving a registration, license, or endorsement, or deny the individual the opportunity to take an examination.

(c) In determining whether a criminal offense is directly related to plumbing, the Board shall consider:

(1) the nature and seriousness of the crime;

(2) the relationship of the crime to the purposes for requiring a license or registration to perform plumbing or plumbing inspections;

(3) the extent to which a license or registration might offer an opportunity to engage in further criminal activity of the same type as that in which the applicant had previously been involved; and

(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of registered and licensed individuals performing plumbing or plumbing inspections.

(d) In addition to the factors listed in subsection (c) of this section, the Board, in determining whether an applicant who has been convicted of a crime is fit for licensure, shall consider:

(1) the extent and nature of the applicant's past criminal activity;

(2) the age of the applicant when the crime was committed;

(3) the amount of time that has elapsed since the applicant's last criminal activity;

(4) the amount of time that has elapsed since the applicant's release from incarceration;

(5) the conduct and work activity of the applicant before and after the criminal activity;

(6) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or after release;

(7) letters of recommendation signed and dated by a current employer, if the applicant is employed, or a previous employer, stating that the employer has specific and complete knowledge of the applicant's criminal history and stating the reasons that the employer is recommending that the applicant be considered fit and not a threat to the public's health, safety, and welfare; and

(8) letters of recommendation signed and dated by any other person in contact with the applicant.

(e) An applicant who has been convicted of a felony shall obtain and submit to the Board:

(1) a fully-completed Supplemental Criminal History Information Form signed by the applicant;

(2) the letters of recommendation described in subsections (d)(7) and (8) of this section; and

(3) proof, in the form required by the Board, that the applicant has:

(A) maintained a record of steady employment;

(B) supported the applicant's dependents, if any;

(C) maintained a record of good conduct;

(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and

(E) successfully completed all court-ordered or voluntary rehabilitation classes, courses, or programs.

(f) An applicant who has been convicted of a misdemeanor shall obtain and submit a Supplemental Criminal History Form only if requested by the agency.

(g) In addition to the information listed in subsection (e) of this section, an applicant with a conviction of a sexual nature shall obtain and provide to the Board the written results of a standard, nationally-recognized testing and evaluation of the applicant, recently performed by a licensed professional therapist or counselor who is certified as a Registered Sex Offender Treatment Provider in the State of Texas, to determine the level of likelihood for the applicant to commit future crimes of a sexual nature.

(h) If required by the Board, the applicant shall meet all requirements necessary for the Board to access the applicant's criminal history record information maintained by the Department of Public Safety and the Federal Bureau of Investigation, including submitting fingerprint information and paying the required fees.

(i) The agency may approve, without Board approval, the application for a license, endorsement, or registration of an individual who has a criminal conviction, if the staff finds that the criminal conviction is not directly related to plumbing.

(1) The agency may request an applicant with a criminal conviction to appear before the staff and present information relating to the applicant's criminal conviction.

(2) If the agency review determines that an applicant is ineligible for a license, endorsement, or registration based on the applicant's criminal conviction, the agency shall give timely notice of the denial to the applicant at the applicant's last known address on file with the Board. The notice shall inform the denied applicant of the applicant's right to request in writing, within twenty (20) days of the mailing of the notice of denial, a hearing before an administrative law judge of the State Office of Administrative Hearings to review the determination.

(3) If a denied applicant fails to submit a timely request for a hearing under paragraph (2) of this subsection, the agency decision is rendered final. A denied applicant may not apply for a new registration, license or endorsement before the first anniversary of the date the denial becomes final.

(4) If a denied applicant requests a hearing under paragraph (2) of this subsection, the Board shall determine the applicant's eligibility after reviewing the Proposal for Decision issued by the administrative law judge, and provide the denied applicant a written statement containing:

(A) the reason for the suspension, revocation, denial, or disqualification;

(B) the judicial review procedure provided by §53.052 of the Texas Occupations Code; and

(C) the earliest date the applicant may appeal the action of the licensing authority.

(5) An applicant who is denied after a hearing held under paragraph (2) of this subsection may not apply for a new registration, license, or endorsement before the first anniversary of the date the denial becomes final.

Source Note: The provisions of this §363.15 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682