1. (a) This section sets out the guidelines and criteria on the eligibility of persons with criminal backgrounds to obtain registration as a sanitarian or sanitarian-in-training.

2. (b) Criminal convictions which directly relate to the occupation of sanitarian shall be considered by the department as follows.

   1. (1) The department may suspend or revoke an existing registration, disqualify a person from receiving a registration, or deny a person the opportunity to be examined for a registration because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities under that registration in accordance with Occupations Code, §53.022.

   2. (2) In considering whether a criminal conviction directly relates, the department shall consider:

      1. (A) the nature and seriousness of the crime;
      2. (B) the relationship of the crime to the purposes for requiring a registration as a sanitarian;
      3. (C) the extent to which a registration might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and
      4. (D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a sanitarian or sanitarian-in-training. In determining the present fitness of a person, the department shall consider the evidence described in Occupations Code, §53.023.

3. (c) The following felonies and misdemeanors directly relate because these criminal offenses indicate an inability or a tendency for the person to be unable to perform or to be unfit for registration:

   1. (1) the misdemeanor of violating the Occupations Code, Chapter 1953;
   2. (2) a conviction relating to deceptive business practices;

   3. (3) a misdemeanor or felony offense involving:

      1. (A) bribery;
      2. (B) forgery;
      3. (C) tampering with a governmental record;
      4. (D) perjury;
      5. (E) burglary; or
      6. (F) arson;
   4. (4) a conviction for practicing another profession without a certification, license, or registration required by state or federal law;

   5. (5) a conviction relating to delivery, possession, manufacturing, or use of:

      1. (A) controlled substances; or
      2. (B) dangerous drugs;
   6. (6) a conviction involving moral turpitude;

   7. (7) a misdemeanor or felony offense under various titles of the Texas Penal Code:

      1. (A) Title 5 concerning offenses against the person;
      2. (B) Title 7 concerning offenses against the property;
      3. (C) Title 9 concerning offenses against public order and decency;
      4. (D) Title 10 concerning offenses against public health, safety, and morals; or
      5. (E) Title 4 concerning offenses of attempting or conspiring to commit any of the offenses in this subsection; and
   8. (8) other misdemeanors and felonies which indicate an inability or tendency for the person to be unable to perform as a registrant or to be unfit for licensure.

4. (d) Procedures for revoking, suspending, or denying a license to persons with criminal backgrounds shall be as follows.

   1. (1) The administrator shall give a written notice to the person that the department proposes to deny the application or suspend or revoke the registration in accordance with the provisions of §265.155 of this title (relating to Violations, Complaints, Investigations and Disciplinary Actions).

   2. (2) In accordance with Occupations Code, §53.051, the administrator shall notify the person in writing of:

      1. (A) the reason for the suspension, revocation, denial, or disqualification;
      2. (B) the review procedure provided by §53.052; and
      3. (C) the earliest date the person may appeal the action of the licensing authority.

Source Note:The provisions of this §265.154 adopted to be effective March 26, 2000, 25 TexReg 2345; amended to be effective August 28, 2003, 28 TexReg 6870.