SECTION 85.701. Failure to Timely File a Pawnshop Employee Application

(a) Applicability. This section applies only to pawnbrokers that participate in the pawnshop employee license program and employees of these pawnbrokers.

(b) Reasonable ground for denial. Failure to file a pawnshop employee application with the OCCC within 75 calendar days of the first day the employee participated or trained in a transaction subject to Texas Finance Code, §371.101(c), will be a reasonable ground for denial of the license. Should the OCCC find that no other ground is present on which to base a denial of the license, the OCCC may grant the license and take an enforcement action as provided in subsection (c) of this section.

(c) Enforcement actions. Failure to file a pawnshop employee application with the OCCC within 75 calendar days of the first day the employee participated or trained in a transaction subject to Texas Finance Code, §371.101(c), may subject both the pawnbroker and the pawnshop employee to one or more of the following enforcement actions under Texas Finance Code, Chapters 14 and 371:

(1) an injunction;

(2) an administrative penalty;

(3) a suspension; or

(4) a revocation.

(d) Pattern of violations. A pattern of violations may result in an additional enforcement action or denial.

Source Note: The provisions of this §85.701 adopted to be effective October 1, 2000, 25 TexReg 9215; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective February 1, 2019, 43 TexReg 8584; amended to be effective October 1, 2019, 44 TexReg 4719