239.01.22 Ark. Code R. 005

Current through Register Vol. 49, No. 10, October, 2024

Rule 239.01.22-005 - Pre-Licensure Criminal Background Check Waiver Request

Act 748 - Pre-Licensure Criminal Background Check Waiver Request

Ark. Admin. Code 007.33.8-2 (Formerly cited as AR ADC 029.00.2)

PART 2.RULES

A.APPLICATIONS FOR STATE BOARD EXAMINATIONS AND LICENSURE.

7. Pre-Licensure Criminal Background Check Waiver Request

A. If an individual has been convicted of an offense listed in A.C.A. § 17- 3-102(a) or (e), the Board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:

1. An affected applicant for a license; or

2. An individual holding a license subject to revocation.

B. The Board may grant a waiver upon consideration of the following, without limitation:

1. The age at which the offense was committed;

2. The circumstances surrounding the offense;

3. The length of time since the offense was committed;

4. Subsequent work history since the offense was committed;

5. Employment references since the offense was committed;

6. Character references since the offense was committed;

7. Relevance of the offense to the occupational license; and

8. Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

C. A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.

D. The Board will respond with a decision in writing and will state the reasons for the decision.

E. An appeal of a determination under this section will be subject to the Administrative Procedures Act § 25-15-201 et seq.

239.01.22 Ark. Code R. 005

Adopted by Arkansas Register Volume 47 Number 05, Effective 5/2/2022