Sec. 1702.364. SUMMARY ACTIONS. (a) On receiving written notice from a law enforcement agency that a person has been charged with or convicted of an offense that would make the person ineligible for a license, certificate of registration, endorsement, or security officer commission under Section 1702.113 or 1702.163, or a rule adopted under Section 1702.004(b), the department shall:
(1) summarily deny the person's application for a license, registration, endorsement, or security officer commission;
(2) in the event of pending charges, summarily suspend the person's license, certificate of registration, endorsement, or security officer commission; or
(3) in the event of a conviction, summarily revoke the person's license, certificate of registration, endorsement, or security officer commission.
(b) To initiate a proceeding to take action under Subsection (a), the department must serve notice to the person. The notice must:
(1) inform the person of the right to a preliminary hearing before the department;
(2) state the basis for the summary action; and
(3) be personally served on the person or the person's authorized representative, or sent to the person by certified or registered mail, return receipt requested, to the person's mailing address as it appears in the department's records.
(c) The action is effective at the time notice is served. The person shall immediately surrender to the department any certificate of registration, security officer commission, pocket card, or other form of identification issued by the department.
(d) At a preliminary hearing, the person must show cause why:
(1) the application should not have been denied;
(2) the registration, license, endorsement, or security officer commission should not have been suspended; or
(3) the registration, license, endorsement, or commission should not have been revoked.
(e) Chapter 2001, Government Code, does not apply to the department's initial action under this section or to a preliminary hearing before the department under this section.
(f) The dismissal of a complaint, information, or indictment or an acquittal releases the person from automatic grounds for a summary denial of an application or summary suspension of a registration, endorsement, or security officer commission under this section. A conviction for the offense giving rise to a summary suspension is automatic grounds for immediate, summary revocation.
(g) The results of the preliminary hearing may be appealed by requesting, in writing, a hearing before an administrative law judge of the State Office of Administrative Hearings. On receipt of the request, the department shall set a hearing and give written notice of the hearing to the person.
(h) The administrative law judge shall make findings of fact and conclusions of law regarding the person's eligibility for a license, registration, or endorsement under this section and promptly issue to the board a proposal for a decision.
(i) At its earliest possible quarterly meeting, the board shall consider the proposal for decision and promptly issue a final order.
(j) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(8), eff. September 1, 2009.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.663, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 19, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.90, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.102(8), eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 13, eff. June 14, 2013.
Section: Previous 1702.330 1702.331 1702.332 1702.361 1702.3615 1702.362 1702.363 1702.364 1702.365 1702.367 1702.368 1702.369 1702.370 1702.3705 1702.371 NextLast modified: September 28, 2016