Criminal Conviction Guidelines
These guidelines are issued by the Texas Department of Licensing and Regulation pursuant to the Texas Occupations Code, § 53.025(a). These guidelines describe the process by which the Texas Department of Licensing and Regulation (TDLR) determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. These guidelines present the general factors that are considered in all cases, and also the reasons why particular crimes are considered to relate to each type of license issued by TDLR.
I. Agency's process
Some license applications require the applicant to provide information about criminal convictions. TDLR's Licensing Division also runs a criminal background check through the Department of Public Safety (DPS) on each original license application and each renewal application filed. If the application or the DPS check reveals a conviction that could be a basis for denying the license, the Licensing staff will refer the matter to TDLR's Enforcement Division for further review. The entire application packet is forwarded, including the completed application form, all attachments, all related correspondence, and the report obtained from DPS.
Upon receipt of an application referral in the Enforcement Division, the matter is immediately assigned to an attorney for review. The attorney treats these referrals as high priority, and reviews the criminal conviction with reference to the applicable statutory provisions and these guidelines.
If the attorney determines that the license should not be denied on the basis of the criminal conviction, then the attorney immediately returns the application and related materials to the Licensing Division, with a memorandum stating his conclusion.
If the attorney determines that the license should be denied due to the criminal conviction, the attorney, with the assistance of an investigator, secures certified copies of the relevant criminal convictions and any other information deemed necessary. A letter of proposed license denial is then mailed to the applicant. The letter clearly identifies the convictions that form the basis of the proposed denial, cites the statutory authority for the proposed denial, and advises the applicant that a hearing may be requested to challenge the proposed denial.
If an applicant requests a hearing on the proposed license denial, the request is immediately forwarded to the prosecuting attorney. The attorney schedules a hearing on the nearest available date, and issues a Notice of Hearing to the applicant. After a hearing is conducted, the Administrative Law Judge issues a Proposal for Decision for consideration by the Commission of Licensing and Regulation. After considering the Proposal for Decision, the Commission may grant or deny the license.
For individuals who are already licensed when the agency discovers a criminal conviction, the process is essentially the same as that described above. A conviction discovered by Licensing staff, an Enforcement investigator, or any other agency employee is referred to the Enforcement Division. If the Enforcement attorney finds, after investigation, that the conviction warrants license suspension or revocation, a letter of proposed license suspension or revocation is issued to the license holder. If the license holder requests a hearing, a hearing is conducted, a Proposal for Decision is issued for consideration by the Commission, and the Commission ultimately decides whether the license should be suspended or revoked.
II. Responsibilities of the applicant
The applicant has the responsibility, to the extent possible, to obtain and provide to the agency the recommendations of the prosecution, law enforcement, and correctional authorities as described in section III below. The applicant has the further obligation to furnish proof in the form required by the agency that the applicant has:
1. maintained a record of steady employment;
2. supported the applicant's dependents;
3. maintained a record of good conduct; and
4. paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted.
III. General factors
In determining whether a criminal conviction should be grounds to deny a license the following factors are considered in all cases:
1. the nature and seriousness of the crime;
2. the relationship of the crime to the purposes for requiring a license to engage in the occupation;
3. the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the applicant previously had been involved; and
4. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.
In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person who has been convicted of a crime, the agency will also consider the following:
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; and
6. other evidence of the person's fitness, including letters of recommendation from:
(A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;
(B) the sheriff or chief of police in the community where the person resides; and
(C) any other person in contact with the convicted person.
IV. Relation of crimes to specific licenses issued by TDLR
These guidelines reflect the most common or well-known categories of crimes, and their relation to specific license types. The vast majority of criminal convictions reviewed by the Department will fit within the categories of crimes described below. However, these guidelines are not intended to be an exclusive listing, i.e. they do not prohibit the Department from considering crimes not listed herein. After due consideration of the circumstances of the criminal act and the general factors listed above, the Department may find that a conviction not described herein renders a person unfit to hold a license.
In addition to the specific crimes listed below, multiple violations of any criminal statute should always be reviewed, for any license type. Multiple violations may reflect a pattern of behavior that renders the applicant unfit for the license.
AIR CONDITIONING AND REFRIGERATION CONTRACTORS
Crimes involving fraud or deceptive trade practices.
Reason:
Licensees have the means and the opportunity to practice deceit, fraud and misrepresentation related to the need for service, parts, and equipment.
Crimes involving prohibited sexual conduct or involving children as victims.
Reasons:
1. Licensees have direct access to private residences and deal directly with the general public.
2. Licensees have direct access to business facilities and deal directly with the owners of the businesses and business personnel.
Crimes against property such as theft or burglary.
1. Air conditioning contractors have access to private residences and businesses, where they may come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
Architectural Barriers: REGISTERED ACCESSIBILITY SPECIALISTS
Crimes involving bribery, fraud or deceptive business practices.
Reason:
Under the architectural barriers statute, a registered accessibility specialist (RAS) shall be honest and trustworthy. See 16 Texas Administrative Code § 68.76(b).
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
A RAS will have ready access to educational facilities, hotels, recreational facilities, businesses and other public accommodations where he may come into direct contact with unattended persons, including children.
Crimes against property such as theft or burglary.
Reasons:
1. A RAS will have direct access to businesses, where he will come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
AUCTIONEERS
Crimes involving misdemeanor fraud, breach of fiduciary duty, or a deceptive business practice.
Reasons:
1. An auctioneer has direct access to property and monies belonging to others and is considered by law to be acting in a fiduciary capacity.
2. The auctioneer has the opportunity to misrepresent the value or attributes of property being offered for sale at auction.
Crimes against property such as theft or burglary.
Reasons:
1. Auctioneers have access to private residences and businesses, where they will come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would be given the opportunity to engage in further similar conduct.
3. Consignors entrust their property to auctioneers.
4. Auctioneers handle monies belonging to others.
Crimes involving the receipt, sale or other distribution of illegal goods or substances, including stolen property, illegal weapons, drugs, drug paraphernalia, and the like.
Reason:
1. Auctioneers are in a unique position to receive, sell or otherwise distribute illegal goods or substances.
2. A person with a predisposition and experience in committing such crimes would have the opportunity to engage in further similar conduct.
Crimes involving prohibited sexual conduct or involving children as victims.
Reasons:
1. Licensees have direct access to private residences and deal directly with the general public.
2. Licensees have direct access to business facilities and deal directly with the owners of the businesses and business personnel.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses, and while auctions are being conducted, in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
BARBERS
Crimes involving prohibited sexual conduct or involving children as victims.
Reasons:
1. Licensees have direct contact with members of the general public often in settings with no one else present.
2. A person with a predisposition for crimes involving prohibited sexual conduct or involving children as victims would have the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons in situations that have potential for confrontational behavior.
2. A person with a predisposition of a violent response would pose a risk to the public.
Crimes involving illegal manufacture or delivery of a controlled substance.
Reasons:
1. Licensees work in a business establishment under their control, that is difficult to monitor with customers constantly coming and going, sometimes lingering for varied periods of time, which would provide a person with a predisposition to sell controlled substances an effective cover of their selling of controlled substances.
2. Licensees have exclusive access to customers for extended periods of time providing the opportunity for persons with predisposition to sell controlled substances the opportunity to persuade the uninitiated to buy a controlled substance.
BOILER INSPECTORS
Crimes involving misrepresentation, fraud, extortion, bribery, theft or deceptive business.
Reasons:
1. The boiler statute provides that an inspector's commission may be suspended or revoked due to the inspector's untrustworthiness or willful falsification in an application or inspection report. See 16 Texas Administrative Code § 65.90(c)(1).
2. Boiler inspectors have direct access to businesses, business owners, employees and in some instances, the general public.
3. Boiler inspectors are in a position to pass boilers during inspection that may have code or safety violations in exchange for an inducement offered by the boiler owner or operator.
COMBATIVE SPORTS
Crimes involving misconduct in the participation in or promotion of combative sports events.
Reason:
A person with a demonstrated predisposition and experience in committing crimes related to participation in or promotion of combative sports or other sporting events would have the opportunity to engage in further similar conduct.
Crimes involving fraud or breach of a fiduciary duty would disqualify a promoter, manager, referee, judge, timekeeper or matchmaker.
Reason:
Promoters are entrusted with fighters' careers and often their winnings as well, putting them in a position of trust. A promoter who has demonstrated a predisposition and experience in committing such crimes would be given the opportunity to engage in further similar conduct.
Crimes involving illegal use or possession of controlled substances would be grounds for denial of a license to be a second.
Reasons:
1. Seconds are in care of a fighter's well being and ability to continue in the event. As such a person with a demonstrated predisposition for illegal controlled substance abuse would be given the opportunity to engage in further such activity, perhaps to further the fighter's cause.
2. Due to the safety and welfare of the fighter in the care of the second, persons with convictions involving illegal use or possession of controlled substances are not fit to hold a license.
COSMETOLOGISTS
Crimes involving prohibited sexual conduct or involving children as victims.
Reasons:
1. Licensees have direct contact with members of the general public
often in settings with no one else present.
2. A person with a predisposition for crimes involving prohibited
sexual conduct or involving children as victims would have the opportunity
to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons in situations that have potential for confrontational behavior.
2.A person with a predisposition of a violent response would pose a risk to the public.COURT INTERPRETERS
Crimes involving deceptive business practices.
Reasons:
1. A violation of the court interpreter statute is considered a deceptive trade practice. See Government Code § 57.048.
2. A person with the predisposition and experience in committing false, misleading or deceptive acts in a business context would have the opportunity to engage in further similar conduct.
Crimes involving bribery or perjury.
Reasons:
1. By the nature of the business court interpreters are testifying under oath.
2. A person convicted of bribery or perjury would have the opportunity to engage in further similar conduct.
DISCOUNT HEALTH CARE CARD PROGRAMS
Crimes involving fraud, breach of fiduciary duty, or deceptive business
practices
Reasons:
- Advertisements, solicitation or marketing materials of a discount health care card program may not contain false, misleading, or deceptive statements. See Texas Health & Safety Code § 76.052 and 16 Texas Administrative Code §84.73.
- A person who has disregarded the financial interest of another when there was a duty to protect it may show a similar disregard with the payments received from a discount health care card program member.
- A person with a predisposition and experience in making false, misleading, or deceptive statements or acts would have the opportunity to engage in further similar conduct.
Crimes involving health insurance fraud or Medicaid fraud
Reason:
Some aspects of discount health care card programs are similar to health insurance
and Medicaid. As such, someone who has a predisposition and experience
in committing health insurance or Medicaid fraud would be given the opportunity
to engage in further similar conduct.
Crimes involving the business of insurance or the selling of insurance
Reason:
Some aspects of discount health care card programs are similar to insurance. Someone
who has predisposition and experience in violating laws regulating the insurance
industry would be given the opportunity to engage in further similar conduct.
Crimes against property such as theft
Reasons:
A person with the predisposition and experience in committing crimes depriving others of money or property would have the opportunity to engage in further similar conduct.
Crimes involving racketeering, organized crime, or criminal influence
Reasons:
Persons with the predisposition and experience in committing crimes depriving others of money or property through a criminal enterprise would have the opportunity to engage in further similar conduct.
ELECTRICIANS
Crimes involving fraud or deceptive trade practices.
Reason:
Licensees have the means and the opportunity to practice deceit fraud and misrepresentation related to the need for service, parts, and equipment.
Crimes involving prohibited sexual conduct or involving children as victims.
Reasons:
1. Licensees have direct access to private residences and deal directly with the general public.
2. Licensees have direct access to business facilities and deal directly with the owners of the businesses and business personnel.
Crimes against property such as theft or burglary.
1. Licensees have access to private residences and businesses, where they may come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
ELEVATOR INSPECTORS
Crimes involving deceptive business practices.
Reasons:
1. Obtaining registration by furnishing fraudulent or false information on any application, or engaging in any false, misleading, or deceptive acts are grounds for denial of any certificate of registration. See Health and Safety Code § 754.023.
2. A person with the predisposition and experience in committing false, misleading or deceptive acts in a business context would have the opportunity to engage in further similar conduct.
Crimes against property such as theft or burglary.
1. Licensees have access to private residences and businesses, where they may come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
By the nature of the business, the elevator inspector would, on occasion, be expected to inspect elevators, escalators, and related equipment located in multi-story residential dwellings, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
INDUSTRIALIZED HOUSING AND BUILDINGS
Crimes involving deceptive business practices.
Reasons:
1. Furnishing false information on any application, or engaging in any false, misleading, or deceptive acts are grounds for denial of any certificate of registration. See Occupations Code § 1202.302.
2. A person with the predisposition and experience in committing false, misleading or deceptive acts in a business context would have the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
By the nature of the business, an industrialized builder or third party inspector would, on occasion, be expected to inspect residential housing, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.
PERSONNEL EMPLOYMENT SERVICES
Crimes involving fraud or deceptive business practices.
Reason:
A person with a predisposition and experience in committing fraud and deceptive business practices would be given the opportunity to engage in further deceptive trade practices.
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
By the nature of the business persons using personnel employment services are looking for employment and in a vulnerable position and in need of protection from those with a predisposition and experience in committing sexual crimes and crimes against young people.
Crimes involving promotion of prostitution.
Reasons:
1. Licensees will be in a position to direct groups of young, possibly vulnerable, people.
2. The profession would provide a good cover for persons with a predisposition for promotion of prostitution.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
PREPAID LEGAL SERVICES
Crimes involving fraud or deceptive trade practices.
Reason:
Licensees have the means and the opportunity to practice deceit fraud and misrepresentation related to the need for services.
Crimes involving prohibited sexual conduct or involving children as victims.
Reasons:
1. Licensees have direct access to private residences and deal directly with the general public.
2. Licensees have direct access to business facilities and deal directly with the owners of the businesses and business personnel.
Crimes against property such as theft or burglary.
1. Licensees have access to private residences and businesses, where they may come into direct contact with unattended property.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
PROPERTY TAX CONSULTANTS
Crimes involving fraud in a business setting.
Reasons:
1. Dishonesty or fraud while performing property tax consulting services is grounds for denial of a property tax consultant license. See Occupations Code § 1152.251.
2. A person with a predisposition and experience in committing fraud in a business context would be given the opportunity to engage in further similar activity.
Crimes involving stealing from an employer, tax fraud, bribery or perjury.
Reason:
The very nature of the business, representing persons before the tax assessor collector, would open avenues to steal from a client (i.e. take refunds awarded clients), commit tax fraud or bribery of an official, or outright perjury in the proceeding.
Crimes involving crimes against property such as theft or burglary.
Reasons:
1. Property tax consultants have access to private residences and businesses.
2. A person with the predisposition and experience in committing crimes against property would be given the opportunity to engage in further similar conduct.
SERVICE CONTRACT PROVIDERS
Crimes involving deceptive business practices.
Reasons:
1. Making, permitting or causing false or misleading statements is a prohibited act. See Occupations Code § 1304.161.
2. A person with a predisposition and experience in making false or misleading statements would have the opportunity to engage in further similar conduct.
Crimes involving insurance fraud.
Reason:
Service contracts are insurance policies of sorts. As such, someone who has been convicted of insurance fraud would be given the opportunity to engage in further similar conduct.
STAFF LEASING SERVICES
Crimes involving bribery or fraud, in a business or governmental setting.
Reason:
A person with a predisposition and experience in committing bribery or fraud in a business or governmental context would have the opportunity to engage in further similar activity.
Crimes involving insurance or tax fraud.
Reasons:
1. Staff leasing companies handle insurance, payroll taxes, withholding taxes, etc. for their employees and client companies.
2. A person with a predisposition to commit insurance or tax fraud would have the opportunity to engage in further similar activity.
Crimes against property such as theft or burglary.
Reasons:
1. Staff leasing companies handle large sums of money for their employees and client companies.
2. A person with the predisposition and experience in committing theft crimes would have the opportunity to engage in further similar conduct.
TALENT AGENCIES
Crimes involving fraud or deceptive business practices.
Reasons:
1. A violation of the talent agency statute is considered a deceptive trade practice. See Occupations Code § 2105.251.
2. A person with a predisposition and experience in committing fraud and deceptive business practices would be given the opportunity to engage in further similar conduct.
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
By the nature of the business, artists would be largely children and people who are trusting the talent agency to manage their careers. Such individuals are in a vulnerable position and in need of protection from those with a predisposition and experience in committing sexual crimes and crimes against young people.
Crimes against property such as theft or burglary.
Reasons:
1. Talent agencies handle money for their clients, and make deals for the payment of money to their clients.
2. A person with the predisposition and experience in committing theft crimes would have the opportunity to engage in further similar conduct.
Crimes involving promotion of prostitution.
Reasons:
1. Licensees will be in a position to direct groups of young, possibly vulnerable, people.
2. The profession would provide a good cover for persons with a predisposition for promotion of prostitution.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
TEMPORARY COMMON WORKER EMPLOYER
Crimes involving labor or employment, including harmful employment and theft of service.
Reasons:
1. The statute requires that these individuals shall provide for the health, safety, and welfare of workers throughout the state. A person with a demonstrated predisposition and experience in committing crimes involving harmful employment would have the opportunity to engage in further similar activity.
2. A person with a predisposition and experience in any criminal labor or employment activity would have the opportunity to engage in further similar conduct.
Crimes involving deceptive business practices.
Reason:
A person with a predisposition and experience in deceptive business practices would be allowed to engage in further similar activity.
Crimes involving violations against public administration such as bribery, perjury or abuse of office.
Reason:
A person with a predisposition and history of bribery, perjury or abuse of office would be allowed to potentially abuse the authority provided by the license and potentially commit the same types of crimes.
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
Temporary common workers will include people in dire circumstances, many of them young people. Such individuals are in a vulnerable position and in need of protection from those with a predisposition and experience in committing sexual crimes and crimes against young people.
Crimes involving promotion of prostitution.
Reasons:
1. Licensees will be in a position to direct groups of young, possibly vulnerable, people.
2. The profession would provide a good cover for persons with a predisposition for promotion of prostitution.
TOW TRUCK OPERATORS AND PERMIT HOLDERS
Crimes involving fraud or deceptive business practices
Reasons:
Licensees have the means and the opportunity to practice deceit, fraud and misrepresentation related to towing services.
Crimes involving prohibited sexual conduct or involving children as victims
Reason:
1. Licensees have direct contact with members of the general public
often in settings with no one else present. Tow truck operators are at
times in secluded locations with stranded drivers.
2. A person with a predisposition for crimes involving prohibited
sexual conduct or involving children as victims would have the opportunity
to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault
Reasons:
1. Licensees have direct contact with persons in secluded areas
and with the owners of illegally-parked vehicles which are being towed. These
situations have potential for unobserved or confrontational behavior.
2. A person with a predisposition for a violent response would
pose a risk to the public.
Crimes involving the receipt, sale or other distribution of illegal goods
or substances, including stolen property, illegal weapons, drugs, drug paraphernalia,
and the like
Reason:
1. Tow truck operators’ mobility allows them the opportunity to
receive, sell or otherwise distribute illegal goods or substances.
2. A person with a predisposition and experience in committing
such crimes would have the opportunity to engage in further similar conduct.
Crimes against property such as theft or burglary
Reasons:
- Tow truck operators have access to vehicles and their contents.
- A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
Crimes involving racketeering, organized crime, or criminal influence
Reasons:
Persons with the predisposition and experience in committing crimes depriving others of money or property through a criminal enterprise would have the opportunity to engage in further similar conduct.
Crimes involving intoxication and operating a motor vehicle, including
driving while intoxicated, intoxication assault, and intoxication manslaughter
Reasons:
Persons who show a history of operating a motor vehicle while not having the normal use of their mental or physical faculties due to alcohol or drugs, especially when others are killed are injured as a result, would have the opportunity to engage in further behavior when operating a tow truck.
VEHICLE PROTECTION PRODUCT WARRANTORS
Crimes involving deceptive business practices.
Reasons:
1. Making, permitting, or causing to be made any false or misleading statement is a prohibited act. See Occupations Code, § 2306.
2. A person with a conviction or predisposition for deceptive or misleading business practices would have the opportunity to engage in further similar conduct.
VEHICLE STORAGE FACILITY OWNERS AND EMPLOYEES
Crimes involving fraud or deceptive trade practices
Reason:
Licensees have the means and the opportunity to practice deceit, fraud and
misrepresentation related to the charges assessed for towing and storage.
Crimes involving prohibited sexual conduct or involving children as victims
Reasons:
1. Licensees have direct contact with members of the general public
often in settings with no one else present. Vehicle storage facility
employees sometimes have exposure to vehicle owners in secluded locations and
possibly at late hours.
2. A person with a predisposition for crimes involving prohibited
sexual conduct or involving children as victims would have the opportunity
to engage in further similar conduct.
Crimes against property such as theft or burglary
Reasons:
- Vehicle storage facility owners and employees have access to vehicles and their contents.
- A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault
Reasons:
1. Licensees have direct contact with persons in secluded areas
and with the owners of illegally-parked vehicles which have been towed. These
situations have potential for unobserved or confrontational behavior.
2. A person with a predisposition for a violent response would
pose a risk to the public.
Crimes involving the receipt, sale or other distribution of illegal goods
or substances, including stolen property, illegal weapons, drugs, drug paraphernalia,
and the like
Reason:
1. Vehicle storage facilities’ locations and hours of operation
put their owners and employees in a position to receive, sell or otherwise
distribute illegal goods or substances.
2. A person with a predisposition and experience in committing
such crimes would have the opportunity to engage in further similar conduct.
Crimes involving racketeering, organized crime, or criminal influence
Reasons:
Persons with the predisposition and experience in committing crimes depriving others of money or property through a criminal enterprise would have the opportunity to engage in further similar conduct.
WATER WELL DRILLERS
Crimes involving deceptive business practices.
Reasons:
1. The water well drillers statute authorizes disciplinary action for an intentional misstatement or misrepresentation of fact, failure to advise a person for whom a well is being drilled that injurious water has been encountered. See Occupations Code §1901.301.
2. A person having the predisposition and experience in committing deceptive business practices would have the opportunity to engage in further similar conduct.
Crimes involving environmental law violations.
Reason:
A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
By the nature of the business, well drillers are on residential properties, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.
Crimes involving illegal use or possession of controlled substances.
Reason:
Due to the safety concerns pertaining to the operation of the equipment, a person with convictions involving illegal use or possession of controlled substances has not demonstrated fitness for the duties performed by a well driller.
Crimes against property such as theft or burglary.
Reasons:
1. Well drillers have access to private residences and businesses.
2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.
WATER WELL PUMP INSTALLERS
Crimes involving deceptive business practices.
Reasons:
1. A person with the predisposition and experience in misrepresentations of fact in the business setting would have the opportunity to engage in further similar conduct.
2. A person practicing deception through failing to advise a person having a water well pump installed of groundwater contamination or fails to ensure safeguards in accordance with established construction standards puts the well owner and other groundwater formations at risk.
Crimes involving environmental law violations.
Reason:
A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.
Crimes involving prohibited sexual conduct or involving children as victims.
Reason:
By the nature of the business, water well pump installers are on residential properties, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.
Crimes involving illegal use or possession of controlled substances.
Reason:
Due to the safety concerns pertaining to the operation of the equipment, a person with convictions involving illegal use or possession of controlled substances has not demonstrated fitness for the duties performed by a water well pump installer.
Crimes involving crimes against property such as theft or burglary.
Reasons:
1. Water well pump installers have access to private residences and businesses.
2. A person with the predisposition and experience in committing crimes against property would be given the opportunity to engage in further similar conduct.
Crimes against the person such as homicide, kidnapping and assault.
Reasons:
1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.
2. A person with a predisposition for a violent response would pose a risk to the public.
WEATHER MODIFICATION
Crimes involving deceptive business practices and fraudulent financial management practices.
Reasons:
1. Committing fraud, deceit or misrepresenting facts in obtaining a permit or license and/or being indebted to the state for a fee, payment of a penalty or a tax imposed are grounds for revocation or suspension of a permit and/or license. See 77th Legislative Session, Senate Bill 1175, Article 1, § 1.63.
2. A person with the predisposition and experience in misrepresentation of fact in the business, financial, or corporate management setting would be have the opportunity to engage in further similar conduct.
Crimes involving illegal use or possession of controlled substances.
Reason:
Due to the extreme safety concerns pertaining to the aviation and radar control aspects of the program, persons with convictions involving illegal use or possession of controlled substances have not demonstrated fitness for a permit or license.
Crimes involving environmental law violations.
Reason:
A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.
