Both the Act, §4.04(a)(3), and Texas Civil Statutes, Article 6252-13(c), provide that the board may suspend or revoke an existing valid license, disqualify a person from receiving a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor involving moral turpitude if the crime directly relates to duties and responsibilities of the licensed optometrist. In actual practice and by way of guidelines, any proceeding instituted by the board or otherwise, with respect to the statutes mentioned in this section, shall be considered a contested case and all procedural safeguards afforded to a respondent under the APA, the Texas Optometry Act, and these disciplinary rules shall be available. The board shall institute no proceeding with respect to a particular felony or misdemeanor conviction until a jury verdict or a plea of guilty is entered. In making any determination, the board shall consider all factors and evidence with respect to the elements enumerated in Texas Civil Statutes, Article 6252-13(c), if, and to the extent evidence with respect to such matters is presented to the board. The board, however, shall be under no duty to generate evidence with respect to the matters listed in Texas Civil Statutes, Article 6252-13(c), §4. As in all other contested cases, all relevant evidence will be considered and an opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.

Source Note:The provisions of this §277.5 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931.