- (a) The provisions of §1702.364 of the Act, which empower the Bureau to summarily deny applications or to summarily suspend licenses or registrations based on arrests or pending charges, also apply to cases in which the licensee, applicant, or registrant has been convicted. In cases in which the Bureau discovers that a person has been convicted of a disqualifying offense, and the Bureau has not yet sought to summarily suspend or deny based on the underlying arrest, charge, or indictment, the Bureau may act summarily based on the conviction, by denying or revoking the applications, registration or license (as appropriate).
- (b) In cases in which the Bureau has summarily denied an application or suspended a registration or license based on an arrest or a pending charge, and the person is subsequently convicted, the application will remain denied, or the registration or license will be revoked.
- (c) A hearing on a summary denial or revocation based on a conviction shall be considered a "final" hearing under the provisions of §1702.364(e) of the Act.
- (d) Provisions (b), (c) and (d) of §1702.3615 apply to denials or revocations under §1702.364.
Source Note:The provisions of this §35.52 adopted to be effective November 13, 2006, 31 TexReg 9329.