When TDLR Revokes a Tow Operator’s License: An In-Depth Analysis of a Typical Case
Introduction
The Texas Department of Licensing and Regulation (TDLR) recently decided to revoke the tow operator license of Oney Garcia Morrison. This decision was based on Morrison’s criminal history and his failure to disclose important information on his license renewal application. Here, we’ll explore the detailed facts, legal issues, and the final decision in this case, providing a comprehensive understanding of why the TDLR acted as it did.
Case Background
Oney Garcia Morrison, who has held a Consent Tow Operator License since August 4, 2020, applied for renewal of his license on August 14, 2023. The renewal application required Morrison to disclose any criminal history, including any deferred adjudications. However, Morrison failed to mention his January 2023 deferred adjudication for aggravated robbery with a deadly weapon, which led the TDLR to seek revocation of his license and denial of his renewal application.
Key Facts
Deferred Adjudication for Aggravated Robbery: On January 19, 2023, Morrison pleaded guilty to aggravated robbery with a deadly weapon. The court placed him on an eight-year deferred adjudication community supervision.
Misrepresentation on Renewal Application: Morrison answered "no" to a question on his renewal application about whether he had been placed on deferred adjudication for any felony or misdemeanor since his most recent license was issued.
Hearing Details: The hearing took place on April 10, 2024, via Zoom, where Morrison represented himself with the help of a Spanish-language translator. The evidence included Morrison’s criminal records and his testimony regarding his use of Google Translate to complete the renewal application.
Legal Issues
The case centered on two primary legal issues:
Impact of Criminal History on Licensing: Whether Morrison’s deferred adjudication for aggravated robbery disqualifies him from holding or renewing a tow operator license.
False Information on Application: Whether Morrison’s failure to disclose his deferred adjudication constitutes grounds for revocation of his current license and denial of renewal.
Relevant Legal Provisions
Texas Occupations Code § 53.021: Allows a licensing authority to revoke or deny a license if the individual has been convicted of an offense related to the licensed occupation’s duties and responsibilities.
Texas Government Code § 2005.052(a) and 16 Texas Administrative Code § 60.23(a)(1)-(2): Permit revocation if a license holder knowingly makes a false statement or material misrepresentation on a license application.
Texas Occupations Code § 51.356: Permits revocation or refusal of a license renewal if the individual is on deferred adjudication and deemed unfit for the license.
Detailed Analysis and ALJ’s Decision
Criminal History Considerations
The Administrative Law Judge (ALJ) found that Morrison’s deferred adjudication for aggravated robbery directly relates to the duties of a tow truck operator. Aggravated robbery is a severe offense involving violence and theft, which directly impacts the responsibilities of a tow truck operator, who often deals with vehicles and individuals in potentially vulnerable situations. Morrison’s probation status and the nature of his crime raised significant concerns about public safety.
Application Misrepresentation
Morrison claimed that a language barrier and reliance on Google Translate led to his incorrect answer on the renewal application. While the ALJ acknowledged this, they found insufficient evidence to prove that Morrison knowingly made a false statement. However, this did not mitigate the severity of his criminal history and its implications for his fitness to hold the license.
Conclusion and Recommendations
The ALJ recommended the revocation of Morrison’s Consent Tow Operator License and the denial of his renewal application based on several critical findings:
Continued Threat to Public Safety: Morrison’s deferred adjudication for a violent crime suggests he may pose a continued threat to public safety if allowed to continue working as a tow truck operator.
Insufficient Time for Rehabilitation: Insufficient time had passed for Morrison to demonstrate rehabilitation or fitness for the licensed occupation.
Direct Relation to Licensed Duties: The nature of Morrison’s crime directly relates to the responsibilities of a tow truck operator, involving both personal and property-related offenses.
Final Recommendations
Given the analysis, the ALJ’s detailed findings supported the TDLR’s decision to revoke Morrison’s license and deny his renewal application. This decision underscores the importance of maintaining public safety and the integrity of the licensing process for tow operators in Texas.