230 R.I. Code R. 230-RICR-30-30-3.5

Current through October 15, 2024

Section 230-RICR-30-30-3.5 - Criteria To Be Used in Determining Whether Based on CHRI, Application for a License or Permit or Renewal Thereof Will Be Approved

A. Types of CHRI That May Warrant Denial of Application for License or Permit or Renewal of a License or Permit

1. Convictions of Offenses that occurred within the last twenty (20) years; and

2. Arrests and/or Charges that occurred within the last ten (10) years.

B. Aggravating factors related to the CHRI to be considered by the Department in connection with an application for a license or permit or a renewal thereof include, but are not limited to:

1. Relevance and seriousness of the Applicant's CHRI record to the type of license or permit sought;

2. Number of Arrests, Charges, and/or Offenses on the applicant's CHRI that are relevant to the type of license or permit sought;

3. Pattern of similar Arrests, Charges, and/or Offenses on the applicant's CHRI that are relevant to the type of license or permit sought;

4. Evidence of significant harm to a victim{s} or community as reflected in the investigation of the applicant's CHRI;

5. Applicant's refusal, delay, or inadequate explanation of facts and circumstances of information reflected on CHRI or obtained during the investigation of information on the CHRI;

6. Applicant's refusal to acknowledge responsibility for Arrest and/or Charge and/or Offense;

7. Applicant's lack of cooperation with the Department's investigation;

8. Applicant's submission of false or misleading statements or evidence to the Department; and,

9. Applicant's intimidation of or threats to witnesses or others involved with the Department's investigation.

C. Mitigating factors related to the CHRI which may be considered by the Department in connection with an application for a license or permit or a renewal thereof include, but are not limited to:

1. Relevance and seriousness of the applicant's CHRI record to type of license or permit sought;

2. Duration of time since the date of Arrest and/or Charge and/or Offense;

3. Lack of extensive relevant criminal history;

4. Lack of Arrests, Charges, or Offenses currently pending against licensee/applicant;

5. Lack of pattern of similar Offenses relevant to the license or permit sought;

6. Age of the applicant at time of Arrest, Charge, and/or Offense;

7. Documented evidence of the applicant's rehabilitation since Arrest, Charge, and/or Offense;

8. Applicant's cooperation with the Department's investigation;

9. No evidence of significant harm to a victim(s) or public as reflected in the investigation of applicant's CHRI;

10. Documented evidence that the applicant has timely made any required restitution;

11. Documented evidence of the applicant's understanding, acknowledgment, and remorse for Arrest, Charge, and/or Offense; and,

12. Documented explanation by the applicant regarding circumstances related to Arrest, Charge and/or Offense;

D. The Department will also evaluate the CHRI to determine if the Arrest, Charge and/or Offense is relevant to the type of license or permit sought by the applicant,

E. Upon review and evaluation and investigation of the CHRI, the Department may deny the application for license or renewal application, grant the application for license or renewal application without conditions, or grant the application for license or renewal application with conditions.

230 R.I. Code R. 230-RICR-30-30-3.5