§ 1-9. Procedures for denial, suspension or revocation of licenses and permits—Generally  


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  • No permit or license authorizing a person to engage in a trade, occupation, vocation, profession or business, shall be denied, suspended, or revoked on the grounds that the applicant, permittee, or licensee has been convicted of, or has received deferred adjudication for, a criminal offense except under the following procedures and in accordance with Chapter 53 of the Texas Occupations Code:

    (a) No permit or license authorizing a person to engage in a trade, occupation, vocation, profession or business, shall be denied, suspended, or revoked on the grounds that the applicant, permittee, or licensee has been convicted of, or has received deferred adjudication for, a criminal offense except under the following procedures and in accordance with Chapter 53 of the Texas Occupations Code:

    (1) That the city has information that the applicant has been convicted of, or has received deferred adjudication for, certain offenses, and a list of the specific offenses for which the city has such information.

    (2) That the application cannot be considered unless the applicant provides the city with evidence concerning each of the matters set out in Chapter 53 of the Texas Occupations Code within 30 days of the date of the notice. The applicant shall be informed that such evidence shall be in the form of sworn affidavits or declarations under penalty of perjury which must state that the affiant or declarant has personal knowledge of the facts set forth in the affidavit or declaration and state the basis of that personal knowledge, except where Chapter 53 of the Texas Occupations Code specifies that certain letters of recommendation shall be considered. If the applicant does not provide the city with the information required in the notice within 30 days of the date of the notice, the application shall be rejected for failure to complete the application process; provided, however, applicants for taxicab permits shall provide the director of the department of administration and regulatory affairs with the information required in the notice at least ten days prior to the date on which the hearing is to be held on the request for the permit.

    If the applicant provides the city with evidence as specified above, the applicant shall be given notice that a hearing will be held on his application. Such notice shall specify the date, time and place that the hearing will be held.

    (b) If the city desires to revoke or suspend a permit or license on the grounds that the permittee or licensee has been convicted of, or has received deferred adjudication for, a criminal offense, the city shall give the applicant written notice informing him of the following matters:

    (1) That the city is seeking to revoke or suspend his license or permit on the grounds of a criminal conviction or convictions or deferred adjudication.

    (2) The specific conviction or convictions or deferred adjudication upon which the city intends to rely in seeking revocation or suspension of the permit or license.

    (3) That a hearing will be held on the city's request for revocation or suspension of the permit or license and the date, time and place of the hearing.

    (4) That he may appear at the hearing, give testimony and examine witnesses.

    (5) That the licensee or permittee shall have the burden to present evidence concerning each of the matters set out in Chapter 53 of the Texas Occupations Code.

    (c) All hearings held in connection with the denial of an application or revocation or suspension of a permit or license to engage in a trade, occupation, profession, vocation or business, shall be conducted by the director of the department which issues such permits or licenses, or a person designated by the director to conduct such hearings; provided, however, all hearings on licenses or permits issued by any board whose members are appointed by the mayor shall be conducted by the board which issues the license or permit.

    All such hearings shall be conducted under rules consistent with the nature of the proceedings.

    If the hearing is on an application for an initial license or permit or an application to renew a license or permit, and the applicant fails to appear at the hearing, the application shall be rejected and the permit or license denied on the basis of the applicant's failure to appear.

    If the hearing is on a request by the city to revoke or suspend a permit or license on the grounds that the licensee or permittee has been convicted of a criminal offense or has received deferred adjudication and the applicant does not appear, the city shall introduce sufficient evidence to establish a prima facie case showing grounds for revocation.

    If the hearing official finds that the applicant, permittee or licensee was convicted of, or has received deferred adjudication for, an offense that is grounds for denial, revocation or suspension of the license or permit under the ordinances of the city, the hearing official shall deny, revoke or suspend the license or permit unless he finds that the license or permit should be granted pursuant to Chapter 53 of the Texas Occupations Code.

    The hearing official shall give written notice to the applicant, licensee or permittee of his findings as to whether the license or permit should or should not be denied, revoked or suspended, and the reasons therefor.

    If the hearing official finds that the permit or license should be denied, revoked, or suspended on the basis of one or more criminal convictions or deferred adjudication, he shall also inform the applicant, permittee or licensee of his right to file an action in the district court in Harris County for review of the evidence presented to the licensing authority and its decision within 30 days after the date the decision was rendered by the hearing official. The manner of review for such decision shall be under the substantial evidence rule.

    (d) There shall be no appeal to city council from the decision of a hearing official on the denial, revocation or suspension of a permit or license on the grounds of a criminal conviction.

    (e) All notices required under this section shall be given by hand delivery or sent by certified mail, return receipt requested, to the applicant, licensee or permittee at the address set out in his application; provided, however, that the notice required in subsection 1-9(a) may be served by regular first class mail.

    (f) Proceedings relating to licenses and permits issued under article III of chapter 8 of this Code shall additionally be governed by the procedures established therein. To the extent of any conflict, the provisions of chapter 8 shall control over this section.

    (g) Proceedings relating to registrations issued under article XIV of chapter 28 of this Code shall additionally be governed by the procedures established in this section. Applicants for registration under article XIV of Chapter 28 of this Code who are denied such registration on the basis of one or more criminal convictions shall be considered applicants for purpose of this section, and those receiving registration under article XIV of Chapter 28 of this Code later found subject to revocation or suspension of that registration on the basis of one or more criminal convictions for themselves or their employee(s) shall be considered licensees/permittees for purposes of this section.

(Code 1968, § 1-11; Ord. No. 82-303, § 1, 2-23-82; Ord. No. 97-129, § 2, 1-29-97; Ord. No. 2011-1012, § 2, 11-30-2011, eff. 1-1-2012; Ord. No. 2013-674, §§ 2, 3, 7-24-2013; Ord. No. 2013-1159, §§ 12—15, 12-11-2013; Ord. No. 2014-482, § 21, 5-28-2014)