37 Tex. Admin. Code § 10.6 - Disqualifying Offenses
(a) Pursuant to
Texas Occupations Code, §
53.021(a)(1),
the department may deny an application for authorization or revoke an
authorization if the applicant or vendor has been convicted of a felony or
misdemeanor that directly relates to the duties and responsibilities of an
ignition interlock vendor, as provided in this section.
(b) The department has determined the types
of offenses detailed in subsection (b)(1) - (4) of this section directly relate
to the duties and responsibilities of ignition interlock device vendors. A
conviction for an offense within one (1) or more of the categories in this
subsection may result in the denial of an application (initial or renewal) for
a vendor authorization or the revocation of an authorization. The Texas Penal
Code references provided in this subsection are for illustrative purposes and
are not intended to exclude similar offenses in other state or federal codes.
The types of offenses directly related to the duties and responsibilities of
vendors include, but are not limited to:
(1)
Theft (any offense within Texas Penal Code, Chapter 31);
(2) Fraud (any offense within Texas Penal
Code, Chapter 32);
(3) Bribery and
Corrupt Influence (any offense within Texas Penal Code, Chapter 36);
and
(4) Perjury and Other
Falsification (any offense within Texas Penal Code, Chapter 37).
(c) A felony conviction for one of
the offenses listed in subsection (b) of this section is disqualifying for ten
(10) years from the date of the conviction.
(d) A misdemeanor conviction for one of the
offenses listed in subsection (b) of this section or a substantially similar
offense is disqualifying for five (5) years from the date of
conviction.
(e) For the purposes of
this chapter, all references to conviction are to those for which the judgment
has become final.
(f) A person who
is otherwise disqualified pursuant to the criteria in this section may submit
documentation as detailed in paragraphs (1) - (8) of this subsection as
evidence of his or her fitness to perform the duties and discharge the
responsibilities of an ignition interlock vendor:
(1) the extent and nature of the person's
past criminal activity;
(2) the age
of the person when the crime was committed;
(3) the amount of time that has elapsed since
the person's last criminal activity;
(4) the conduct and work activity of the
person before and after the criminal activity;
(5) evidence of the person's rehabilitation
or rehabilitative effort while incarcerated or after release;
(6) letters of recommendation;
(7) evidence the applicant has:
(A) maintained a record of steady
employment;
(B) supported the
applicant's dependents;
(C)
maintained a record of good conduct; and
(D) paid all outstanding court costs,
supervision fees, fines, and restitution ordered in any criminal case in which
the applicant has been convicted; and
(8) any other evidence relevant to the
person's fitness for the certification sought.
(g) The failure to provide the required
documentation in a timely manner may result in the proposed action being taken
against the application or license.
Notes
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