Section 519.29 - Voluntary Surrender of Certificate(a) Subject to board approval, a certificate holder may voluntarily surrender his certificate by submitting a written statement of intent to voluntarily surrender the certificate.(b) The board may deny a certificate holder's application to voluntarily surrender his certificate in order for the board to initiate and complete an investigation of any of the reportable events identified in § 501.91(a) of this title (relating to Reportable Events).(c) Once a certificate holder has surrendered their certificate, they are no longer eligible to hold a license under §901.402 of the Act (relating to Eligibility Requirements; General Prohibition) and licensing exemptions will no longer apply.(d) A former certificate holder who has voluntarily surrendered his certificate under subsection (a) of this section may apply for a new certificate upon completion of the following requirements: (1) evidence of completion of all CPE that would have been required to be completed up to a maximum of 120 hours over the three years immediately preceding the application including a four-hour board approved ethics course;(2) a sworn affidavit in the form provided by the board stating that the former certificate holder has not been convicted of, placed on community supervision or accepted deferred adjudication for any felony crime or for any misdemeanor crime involving dishonesty, fraud, moral turpitude, alcohol abuse or controlled substances, or physical injury or threats of physical injury to a person under the laws of any state or the United States and that the former certificate holder did not surrender the certificate to avoid disciplinary action by the board or to avoid administrative revocation under board rules adopted pursuant to §§901.159, 901.411 or 901.502 of the Act (relating to Peer Review; Continuing Professional Education; or Grounds for Disciplinary Action);(3) payment of all fees that would have been paid if the former certificate holder's license had been active since the date of surrender and all applicable late fees; and(4) unless fingerprints have been previously submitted for licensure on or after September 1, 2014, a complete and legible set of fingerprints from a vendor approved by the Texas Department of Public Safety for the purposes of obtaining applicant's criminal history record information in order to ensure the applicant lacks a history of dishonest or felonious acts and the board is aware of any criminal activity that might be relevant to the applicant's qualifications to take the UCPAE.(e) A new certificate issued to a former certificate holder will bear the same certificate number as the original certificate.(f) If an individual, subject to the approval of the board, voluntarily surrenders and resigns the certificate or registration during the course of a disciplinary investigation or proceeding conducted by the board, this fact shall be disclosed in any later application for a new certificate, and shall be considered before the issuance of a new certificate.(g) A voluntary surrender is effective on the date of this agency's approval letter or other written notification. The voluntary surrender may be disapproved when doing so is in the best interest of the public. It is in the best interest of the public to deny a licensee's voluntary surrender prior to the adjudication of a board complaint, criminal charge or civil proceeding alleging fraud or dishonesty.(h) If a certificate holder voluntarily surrenders his certificate after being charged with a crime for which he subsequently receives a conviction or deferred adjudication, or voluntarily surrenders his certificate subsequent to the filing of a civil suit alleging fraud or dishonesty which subsequently results in a finding by a court of fraud or dishonesty, the voluntary surrender may be set aside by the board upon a finding by the board that the criminal or civil adjudication warrants disciplinary action.22 Tex. Admin. Code § 519.29
The provisions of this §519.29 adopted to be effective August 8, 2012, 37 TexReg 5784; Amended by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9516, eff. 12/7/2016; Amended by Texas Register, Volume 44, Number 22, May 31, 2019, TexReg 2721, eff. 6/5/2019; Amended by Texas Register, Volume 44, Number 48, November 29, 2019, TexReg 7392, eff. 12/4/2019