Current through Register Vol. 54, No. 44, November 2, 2024
Section 43b.403 - Preliminary determinations(a) An individual who, based on a review of the "best practices guide" published on the Department's web site at www.dos.pa.gov and the schedules of criminal convictions at §§ 43b.421-43b.452 (relating to schedules of criminal convictions), is unable to determine whether the individual's criminal history would be grounds to deny the issuance of a license, certificate, permit or registration may request a preliminary determination by: (1) Filing an application for a preliminary determination in the format and manner prescribed by the Commissioner.(2) Providing all relevant information relating to the individual's criminal conviction or convictions, including criminal court documents, such as the criminal complaint or information, affidavit of probable cause, sentencing information and docket sheets that evidence the final disposition of the matter.(3) Doing one of the following: (i) Paying the preliminary determination application fee in § 43b.201 (relating to fees for services).(ii) Qualifying for a waiver of the fee by requesting and establishing in forma pauperis status by demonstrating that the individual is indigent or otherwise unable to pay the required fee. An applicant may qualify for a waiver by demonstrating one of the following as part of the application for a preliminary determination: (A) The applicant receives means-tested public assistance.(B) The applicant's household income is at or below 200% of the Federal poverty guidelines.(b) The applicable licensing board or commission will issue the preliminary determination within 45 days of submission of the application.Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024