Once the terms of the probated license have been satisfied, the person shall be licensed as any other licensee who had not been on probation. (h) The Commission shall revoke, without hearing, a probated license if the license holder commits a new offense; commits an act or omission that causes the person’s community supervision, mandatory supervision, or parole to be revoked, if applicable; or violates Occupations Code Chapter 651 or the Rules of the Commission. (i) A person who is on community supervision, mandatory supervision, or parole and who is issued a license under this section shall provide to the Commission the name and contact information of the probation or parole department to which the person reports. The Commission shall notify the probation or parole department that a license has been issued. Rule 203.18 Reissuance of Revoked Funeral Director and/or Embalmer License (a) A person whose license to practice funeral directing and/or embalming has been revoked may, after at least three years from the effective date of such revocation, petition the Commission for reissuance of the license, unless another time is provided in the revocation order. (b) The petition shall be in writing. (c) The Commissioners may grant or deny the petition. If the petition is denied by the Commissioners, a subsequent petition may not be considered by the Commissioners until 12 months have lapsed from the date of denial of the previous petition. (d) The petitioner or his legal representative may appear before the Commissioners to present the request for reissuance of the license. (e) The petitioner shall have the burden of showing good cause why the license should be reissued. (f) In considering a petition for reissuance, the Commissioners may consider the petitioner’s: (1) Moral character; (2) Employment history; (3) Status of financial support to his family; (4) Participation in continuing education programs or other methods of staying current with the practice of funeral directing and/or embalming; (5) Criminal history record, including felonies or misdemeanors relating to the practice of funeral directing, embalming, and/or moral turpitude; (6) Offers of employment as a funeral director and/or embalmer; (7) Involvement in public service activities in the community; (8) Compliance with the provisions of the Commission Order revoking or canceling the petitioner’s license; (9) Compliance with provisions of Occupations Code Chapter 651, regarding unauthorized practice; (10) History of acts or actions by any other state and federal regulatory agencies; or (11) Any physical, chemical, emotional, or mental impairment. (g) In considering a petition for reissuance, the Commissioners may also consider: (1) The nature and seriousness of the crime for which the petitioner’s license was cancelled or revoked; (2) the length of time since the petitioner’s license was cancelled or revoked as a factor in determining whether the time period has been sufficient for the petitioner to have rehabilitated himself to be able to practice funeral directing or embalming in a manner consistent with the public health, safety, and welfare; (3) Whether the license was submitted voluntarily for cancellation or revocation at the request of the licensee; or (4) Other rehabilitative actions taken by the petitioner.
(i) Multiple violations of any criminal statute shall be reviewed by the Commission because multiple violations may reflect a pattern of behavior that renders the applicant unfit to hold a funeral director’s and/or embalmer’s license. (j) The Commission may not consider a person to be convicted of an offense if the judge deferred further proceedings without entering an adjudication of guilt, placed the person on community supervision, and dismissed the proceedings at the end of the community supervision. However, if the Commission determines that the licensure of the person as a funeral director and/or embalmer would create a situation in which the person has the opportunity to repeat the prohibited conduct, the Commission shall consider a person to have been convicted regardless of whether the proceedings were dismissed after a period of deferred adjudication if: (1) The person was charged with any offense described by Article 62.001(5) Code of Criminal Procedure; (2) The person has not completed the term of community supervision or the person completed the period of supervision less than five years before the date of application; or (3) A conviction of the offense would make the person ineligible for the license by operation of law. (k) Prior to taking action against a person as authorized by Texas Occupations Code §53.021, the Commission shall provide written notice to the person that includes a statement that the final decision of the Commission will be based on factors listed under subsection (f) or subsection (g) of this section and that the person has the responsibility to provide evidence regarding those factors. The notice shall allow the person no less than 30 days from receiving the notice to submit any relevant evidence or information. Rule 203.17 Criminal History Evaluation Letter (a) Prior to submitting an application for licensure, a person may request the Commission issue a criminal history evaluation letter regarding the person’s eligibility for a license if the person is enrolled or planning to enroll in an educational program that prepares a person for an initial license. (b) A person may request a criminal history evaluation letter if he or she has reason to believe the Commission may determine that he or she is ineligible for a license due to a conviction or deferred adjudication for a felony or misdemeanor offense outlined in §203.16(h) of this title. The request must state the basis for the potential ineligibility. (c) The Commissioners must consider the application for a criminal history evaluation letter at the next regularly scheduled Commission meeting if all requested information is received in a timely manner. (d) If the Commissioners determine that a ground for ineligibility does not exist, the Commission shall notify the requestor in writing of the Commission’s determination of eligibility. The motion for eligibility is subject to the criminal behavior known to the Commission as of the date of the determination. Any future criminal behavior could impact the issuance of a license. (e) If the Commissioners determine that a ground for ineligibility does exist, the Commission shall notify the requestor in writing of the Commission’s determination of ineligibility. (f) The Commission may charge a person requesting an evaluation under this section a fee. Fees must be in an amount sufficient to cover the cost of administering this section. (g) The Commissioners may issue a probated license to an applicant who is not ineligible under subsection (d) of this section but has been convicted of an offense by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order.
Book Code: FTX1624
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