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 license, or deny a person the opportunity to be examined for a license 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 Texas Civil Statutes, Article 6252-13c, § 4.

   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 license as a sanitarian;
      3. (C) the extent to which a license 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 Texas Civil Statutes, Article 6252-13c, §4(c).

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 license:

   1. (1) the misdemeanor of violating the Texas Civil Statutes, Article 4477-3;
   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 Texas Civil Statutes, Article 6252-13d, if the department denies, suspends, or revokes an application or registration under this section, the administrator shall give the person written notice:

      1. (A) of the reasons for the decision;
      2. (B) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County, for review of the evidence presented to the department and its decision;
      3. (C) that the person must begin the judicial review by filing a petition with the court within 30 days after the department's action is final and appealable; and
      4. (D) of the earliest date that the person may appeal.

Source Note:The provisions of this §265.154 adopted to be effective March 26, 2000, 25 TexReg 2345.