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TCEQ affirms denial of on‑site sewage facility maintenance‑technician license application
Summary
The commission adopted the administrative law judge's proposed order (as modified) denying the application of Tony (Tony/various spellings in record) for an on‑site sewage facility maintenance‑technician license after weighing criminal history factors and evidence of rehabilitation.
The Texas Commission on Environmental Quality on Aug. 20 adopted the Administrative Law Judge’s proposed decision and denied the application of an applicant for an on‑site sewage facility (OSSF) maintenance‑technician license.
The item had been continued earlier in the meeting because the applicant was not present at the start; the executive director's representatives and the litigation record were presented to the commission in the applicant’s absence. Staff said the applicant bears the burden of proof to show fitness for licensure.
Commission discussion focused on the applicant's criminal history, which included multiple felony and misdemeanor convictions across several decades. Staff and commissioners noted the statutory factors the agency must consider, including nature and seriousness of offenses, repeated offenses, applicant age at time of offenses, and the relationship between past offenses and the duties of the license. Commissioners also discussed evidence of rehabilitation, including reported sustained sobriety and attendance at Alcoholics Anonymous, and a withdrawn letter of recommendation from a former employer that gave commissioners pause.
After deliberation, one commissioner moved to adopt the ALJ's proposed order as amended to correct the heading to identify the correct license type and to reflect that the applicant bears the burden of proof in conclusion of law number 4. The motion further clarified that the order removes references to different license types and specifies governing procedural code citations. The motion passed.
Commissioners emphasized that the decision does not preclude the applicant from seeking lower‑risk TCEQ authorizations in the future and directed staff to prepare regulatory guidance on lower‑risk licensing options to assist applicants who have criminal histories.
The commission record contains inconsistent spellings of the applicant’s name (appearing variously as Muis, Munoz, Mewes and others). The commission corrected the order heading to refer to an application for an “on‑site sewage facility maintenance‑technician license” and specified that the applicant bears the burden of proof. Because the hearing record was adjudicatory, commissioners limited their consideration to evidence and arguments in the record.
