SECTION 3.27. Provisional Licensure

(a) The Board shall grant a Certificate of Registration or a provisional Certificate of Registration to an otherwise qualified Candidate who has been convicted of an offense that:

(1) is not directly related to the Practice of Landscape Architecture as determined by the executive director under §3.149 of this chapter (relating to Criminal Convictions);

(2) is not an offense listed in Article 42A.054, Code of Criminal Procedure; and

(3) is not a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.

(b) A provisional Certificate of Registration expires six (6) months after the date it is issued.

(c) A provisional Certificate of Registration may be Revoked for the following reasons:

(1) the provisional Registrant commits another offense during the 6-month provisional Registration period;

(2) the provisional Registrant's community supervision, mandatory supervision, or parole is Revoked; or

(3) the provisional Registrant violates a statute or rule enforced by the Board.

(d) A provisional Registrant who is subject to community supervision, mandatory supervision, or parole shall provide the Board name and contact information of the probation or parole department to which the provisional Registrant reports. The Board shall provide notice to the department upon the issuance of the provisional Certificate of Registration, as well as any terms, conditions or limitations upon the provisional Registrant's practice.

(e) Upon successful completion of the provisional Registration period, the Board shall issue a Certificate of Registration to the provisional Registrant. If a provisional Registrant's provisional Certificate is Revoked, the provisional Registrant is disqualified from receiving a Certificate of Registration and may not apply for a Certificate of Registration for a period of three (3) years from the date of Revocation.

Source Note: The provisions of this §3.27 adopted to be effective November 29, 2010, 35 TexReg 10506; amended to be effective July 8, 2020, 45 TexReg 4515