1. (a) In determining whether a criminal conviction directly relates to an occupation, the commission shall consider:

   1. (1) the nature and seriousness of the crime;
   2. (2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;
   3. (3) 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 individual previously had been 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 the licensed occupation.

2. (b) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of an individual who has been convicted of a crime, the executive director shall consider, in addition to the factors listed in subsection (a) of this section:

   1. (1) the extent and nature of the individual's past criminal activity;
   2. (2) the age of the individual when the crime was committed;
   3. (3) the amount of time that has elapsed since the individual's last criminal activity;
   4. (4) the conduct and work activity of the individual before and after the criminal activity;
   5. (5) evidence of the individual's rehabilitation or rehabilitative effort while incarcerated or after release; and

   6. (6) other evidence of the individual's fitness, including letters of recommendation from:

      1. (A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the individual;
      2. (B) the sheriff or chief of police in the community where the individual resides; and
      3. (C) any other individual in contact with the convicted individual.
3. (c) The applicant has the responsibility, to the extent possible, to obtain and provide to the executive director the recommendations of the prosecution, law enforcement, and correctional authorities as required by subsection (b)(6) of this section.

4. (d) In addition to fulfilling the requirements of subsection (a)(2) of this section, the applicant shall furnish proof in the form required by the executive director that the applicant has:

   1. (1) maintained a record of steady employment;
   2. (2) supported the applicant's dependents;
   3. (3) maintained a record of good conduct; and
   4. (4) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted.

Source Note:The provisions of this §30.34 adopted to be effective July 8, 2010, 35 TexReg 5894.