1. (a) A licensee may voluntarily surrender a license:

   1. (1) as part of an employee termination agreement;
   2. (2) as part of a plea bargain to a criminal charge;
   3. (3) as part of an agreed settlement to commission action; or
   4. (4) for any other reason.
2. (b) A license may be surrendered either permanently or for a stated term.

3. (c) Effective dates.

   1. (1) The beginning date for any surrender shall be the date stated in the request or, if none, the date it was received by the commission.
   2. (2) A term surrender shall have its ending date stated in the request.
   3. (3) Any request without a stated ending date shall be construed as a permanent surrender.
   4. (4) A permanent surrender shall have no ending date.
4. (d) A licensee may voluntarily surrender any license by sending, or causing to be sent, a signed, notarized, written request to the executive director, who may accept or reject the request. The signed written request shall indicate that the licensee understands and has knowledge of the consequences of the document being signed. The executive director may accept requests for voluntary surrender submitted to the commission in any other form that indicates the licensee intends to voluntarily surrender the license to the commission. The executive director may liberally construe the intent of any request and may, specifically, construe the surrender of any single commission license to be a surrender of all other licenses held unless the request expressly states otherwise. The surrender should include a summary of the reason for the surrender.

5. (e) If accepted, the licensee is no longer licensed under either type of surrender:

   1. (1) effective on the beginning date of the surrender; and
   2. (2) except for permanent surrenders, until such person applies for and meets the requirements of a new license.

6. (f) In case of such application for reinstatement, the executive director:

   1. (1) shall deny the new license based upon any failure to meet the current minimum standards for licensing;

   2. (2) may deny a new license of the same or any other type based solely upon a voluntary surrender:

      1. (A) if permanent; or
      2. (B) if for a term that has not yet expired;
   3. (3) may approve the reinstatement and may give notice to any agency or individual named in the original surrender and then may impose any previously agreed conditions (such as suspensions, probated terms of suspension, etc.).

7. (g) The executive director shall inform the commission of any of the following that have occurred since the last meeting:

   1. (1) any surrender that was accepted; and
   2. (2) any application for reinstatement that was granted or denied.
8. (h) The effective date of this section is June 1, 2004.

Source Note:The provisions of this §223.13 adopted to be effective March 1, 2001, 26 TexReg 238; amended to be effective June 1, 2004, 29 TexReg 3827.