1. (a) A proceeding before the Commission to establish factors required to be considered under this section is governed by Chapter 2001, Government Code.

2. (b) Guidelines for consideration of criminal convictions. If an applicant has a criminal conviction above a Class C misdemeanor, the applicant may not be qualified to hold a forensic analyst license.

   1. (1) Convictions that may trigger a denial. The Commission may suspend or revoke a forensic analyst license, disqualify a person from receiving a license, refuse to renew a person's license or deny to a person the opportunity to take the general forensic licensing examination on the grounds the person has been convicted of:

      1. (A) an offense that directly relates to the duties and responsibilities associated with an analyst's license;
      2. (B) an offense that does not directly relate to the duties and responsibilities associated with an analyst's license and that was committed less than five years before the date the person applies for a license;
      3. (C) an offense listed in Article 42A.054, Code of Criminal Procedure; or
      4. (D) a sexually violent offense as defined by Article 62.001, Code of Criminal Procedure.
   2. (2) A forensic analyst license holder's license may be revoked on the license holder's imprisonment following a felony conviction, felony community supervision, revocation of parole, or revocation of mandatory supervision.
   3. (3) An offense from another state containing elements substantially similar to the enumerated offenses under the Texas Penal Code shall be considered under this section the same way as the offense would have been considered had it been committed in Texas.

   4. (4) Offenses that apply to category paragraph (1)(A) of this subsection because they directly relate to the duties and responsibilities associated with an analyst's license may include, but are not limited to:

      1. (A) Misrepresentation (e.g., fraud, extortion, bribery, theft by check, and deceptive business practices);
      2. (B) Failure to register as a sex offender (as required by the Texas Code of Criminal Procedure, Chapter 62);
      3. (C) Property Crimes, such as theft or burglary;
      4. (D) Crimes against persons, such as homicide, kidnapping, and assault;
      5. (E) Drug crimes, such as possession;
      6. (F) Multiple DWI and DUI crimes;
      7. (G) All felony convictions; and
      8. (H) Misdemeanors above a Class C misdemeanor and felony convictions considered by Texas courts to be crimes of moral turpitude.

   5. (5) Consequences. In the event of a criminal conviction, the Commission may take one of the following courses of action:

      1. (A) Declare a prospective applicant unsuitable for a license;
      2. (B) Deny a renewal application for an existing license;
      3. (C) Revoke or suspend an existing license; or
      4. (D) Deny a person the opportunity to take the general forensic analyst licensing examination.

   6. (6) Determining whether there are grounds to deny. There are four general factors the Commission considers in determining whether a particular criminal conviction should be grounds to deny, revoke or suspend a license:

      1. (A) the nature and seriousness of the crime;
      2. (B) the relationship of the crime to the purposes for requiring a license to engage in the analyst's occupation;
      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 discharges the responsibilities of the analyst's work.

   7. (7) Determining an applicant's fitness to perform the duties. In determining an applicant's fitness to perform the duties and discharge the responsibilities of a forensic analyst who has been convicted of a crime, the Commission considers, in addition to the factors listed in paragraph (5) of this subsection:

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

      6. (F) other evidence of the person's fitness, including letters or recommendations from:

         1. (i) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility to the person;
         2. (ii) the sheriff or chief of police in the community where the person resides; and
         3. (iii) any other person in contact with the convicted person.
   8. (8) An applicant has the responsibility, to the extent possible, to obtain and provide to the Commission the recommendations of the prosecution, law enforcement, and correctional authorities as required by paragraph (7) (F)(i)-(iii) of this subsection.

   9. (9) In addition to fulfilling the requirements of paragraph (8) of this subsection, the applicant shall furnish proof in the form required by the Commission that the applicant has:

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

3. (c) Notice and Review of Suspension, Revocation or Denial of License. If the Commission suspends or revokes a license or denies a person a license or the opportunity to be examined for a license because of the person's prior conviction of a crime and the relationship of the crime to the license, the Commission shall notify the person in writing of:

   1. (1) the reason for the suspension, revocation, denial, or disqualification;
   2. (2) the review procedure provided by §651.217(d)-(g) of this subchapter; and
   3. (3) the earliest date the person may appeal the action of the Commission.
4. (d) Judicial Review. A person whose license has been suspended or revoked or who has been denied a license or the opportunity to take the general examination as set forth in this subchapter and who has exhausted the person's administrative appeals may file an action in district court in Travis County for review of the evidence presented to the Commission and the decision of the Commission.
5. (e) A petition for judicial review must be filed not later than the 30th day after the date the Commission's decision is final and appealable.

Source Note:The provisions of this §651.217 adopted to be effective May 16, 2018, 43 TexReg 3106.