1. (a) The commission may suspend the license of a person arrested or indicted for a felony offense which would constitute an immediate peril to the public health, safety or welfare if the person were to remain licensed during the pendency of criminal proceedings.

2. (b) By virtue of their nature, the following felony arrests constitute immediate peril:

   1. (1) Sexual offenses;
   2. (2) Assaultive offenses; and
   3. (3) Offenses directly relating to the duties and responsibilities of any related office held by that person.

3. (c) In determining whether any other felony arrest creates an immediate peril to the public health, safety or welfare, factors the commission may consider include:

   1. (1) the seriousness of the conduct resulting in the arrest;
   2. (2) the required mental state of the alleged offense;
   3. (3) whether the alleged offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;
   4. (4) the licensee's previous violations of commission statutes or rules;
   5. (5) actual or potential harm to public safety resulting from the conduct resulting in the arrest; and
   6. (6) aggravating circumstances existing in a particular case.
4. (d) If an offense constitutes immediate peril, the commission will notify the person of the summary suspension order and the intention to initiate proceedings.
5. (e) If a person does not receive notice of the intent to initiate proceedings within 30 days of the commission's order, the person may appeal to the Travis County district court.
6. (f) A person may request a hearing regarding the summary suspension within 20 days after the summary suspension order is received. Otherwise, the license may be suspended until final disposition of the case.
7. (g) The effective date of this section is February 1, 2016.

Source Note:The provisions of this §223.18 adopted to be effective February 1, 2016, 41 TexReg 281.