1. (a) In consideration of Texas Civil Statutes, Articles 6252-13c and 13d, the following will apply in the processing of an application for registration as an interior designer.

   1. (1) The applicant will be required to state, as part of a sworn affidavit, whether he/she has ever been convicted of a felony or misdemeanor.
   2. (2) Applicants with prior convictions will be required to provide a summary of the conviction in sufficient detail to allow the Board to determine if it is applicable to the application for registration.
   3. (3) If the Board determines the conviction is applicable to the application, the Board staff will obtain sufficient details of the conviction to allow the Board to determine the effect of the conviction on the applicant's eligibility for registration.

2. (b) In determining whether a criminal conviction is applicable to an applicant's application, the Board will consider the following:

   1. (1) the nature and seriousness of the crime;
   2. (2) the relationship of the crime to the purposes for requiring a registration to practice "interior design";
   3. (3) the extent to which a registration might offer an opportunity to engage in further criminal activity of the same type as that which the applicant had been previously involved; and
   4. (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of an interior designer.

3. (c) In addition to the factors that may be considered under subsection (b) of this section, the Board shall consider the following:

   1. (1) extent and nature of the applicant's past criminal activity;
   2. (2) the age of the applicant at the time the crime was committed, and the amount of time that has elapsed since the applicant's last criminal activity;
   3. (3) the conduct and work activity of the applicant prior to and following the criminal activity;
   4. (4) evidence of the applicant's rehabilitation; and
   5. (5) other evidence of the applicant's fitness to practice as an interior designer.

4. (d) Crimes relating to the practice of "interior design" include, but are not limited to, the following:

   1. (1) criminal negligence;
   2. (2) soliciting, offering, giving or receiving any form of bribe;
   3. (3) the unauthorized use of property, funds or proprietary information belonging to another;
   4. (4) acts relating to the acquisition, use, or dissemination of confidential information related to "interior design"; and
   5. (5) any violation as an individual or as a consenting party of any provision of the Act (Texas Civil Statutes, Article 249e).

5. (e) The application of any applicant deemed ineligible for registration because of a prior criminal conviction will be proposed for rejection and the applicant will be provided the following information in writing:

   1. (1) the reason for rejecting the application;
   2. (2) notice of the administrative procedure used to conduct an informal conference to show compliance with all requirements of law for registration as an interior designer, as provided by §5.285 of this title (relating to Complaints), and similar to the proceedings established for registrants under §5.171 of this title (relating to Disciplinary Actions); and
   3. (3) notice that upon exhaustion of the administrative appeal, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final and appealable.

Source Note:The provisions of this §5.160 adopted to be effective September 19, 1996, 21 TexReg 8679.