1. (a) The commission may consider probating a suspension term or issue a written reprimand based on proof of the following mitigating factors:

   1. (1) the licensee's history of compliance with the terms of court-ordered community supervision;
   2. (2) the licensee's post-arrest continuing rehabilitative efforts not required by the terms of community supervision;
   3. (3) the licensee's post-arrest employment record; and
   4. (4) the type and amount of any post-arrest, non-court ordered restitution made by the licensee.

2. (b) The commission may impose reasonable terms of probation, including:

   1. (1) continued employment requirements;
   2. (2) special reporting conditions;
   3. (3) special document submission conditions;
   4. (4) voluntary duty requirements; or
   5. (5) any other reasonable term of probation.

3. (c) A probated or suspended license remains as such until:

   1. (1) the term of suspension has expired;
   2. (2) all other terms of probation have been fulfilled; and
   3. (3) a written request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or
   4. (4) revoked.

4. (d) A suspended license remains suspended until:

   1. (1) the term of suspension has expired and the term of court-ordered community supervision has been completed; and
   2. (2) a written request for reinstatement has been received from the licensee and accepted by the commission; or
   3. (3) the remainder of the suspension is probated and the license is reinstated.
5. (e) The effective date of this section is February 1, 2016.

Source Note:The provisions of this §223.16 adopted to be effective February 1, 2016, 41 TexReg 281.