Texas Occupations Code 651.502 – License Denial; Effect of Criminal Conviction
(a) The commission may, before a hearing or a waiver of a right to a hearing, refuse to issue:
(1) a license or provisional license to a person who has violated this chapter or a rule adopted under this chapter; or
(2) an establishment license to an individual, partnership, or corporation if the individual, a partner, or an officer or director of the corporation:
(A) has violated this chapter or a rule adopted under this chapter;
(B) previously held an establishment license that was suspended or revoked; or
(C) attempts to avoid a revocation, suspension, or license refusal by subterfuge or other evasive means.
(b) A person to whom the commission refuses to issue a license under Subsection (a) may appeal the decision by submitting a written request for a hearing in accordance with Chapter 2001, Government Code, not later than the 30th day after the date of the refusal.
Terms Used In Texas Occupations Code 651.502
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The commission and the person to whom the commission refuses to issue a license may agree to the issuance of a probationary license, or the commission may, after a hearing, order that a license be issued on a probationary basis.
(d) A person applying for a funeral director’s or embalmer’s license who has a criminal conviction described by § 651.452 may request a hearing on whether the conviction prevents the commission from issuing a license or a provisional license. A hearing under this subsection must be requested before the person enters mortuary school and shall be conducted as required by § 651.506. A decision made in a hearing under this subsection, unless modified on appeal, is binding on the commission and on the person who requests the hearing when the person applies to the commission for the license or provisional license.