Any new application not complete within ninety (90) days after original receipt in our office will become invalid. Any new application not passing the Committee's review will be considered invalid after ninety (90) days from the date of its original review. During the ninety (90) day period, the applicant may have the opportunity to make corrections or improvements needed in the application in order to warrant the issuance of a license. After an application becomes invalid a new application and fee must be submitted for consideration to obtain a license.
(1) A potential applicant for a license with a criminal record may petition the Committee at any time for a determination of whether the individual's criminal record will disqualify person or entity from licensure and whether he or she will be granted a waiver under Ark. Code Ann. § 17-2-102(b).
(2) A person or entity wishing to submit a prelicensure criminal background waiver request shall do so on a form provided by the Committee.
(3) The Committee will respond with a decision in writing within a reasonable time after the submission of the completed form.
(4) The Committee's response will state the reason(s) for the decision.
(5) All decisions of the Committee in response to the petition will be determined by the information provided by the applicant.
(6) Any decision made by the Committee in response to a pre-licensure criminal background check petition is not subject to appeal.
(7) The Committee will retain a copy of the petition and response and it will be reviewed during the formal application process.
(c)(1) At the time of application, an applicant shall complete the criminal back ground history form contained within the application.
(2) If the applicant shall have been found guilty or pleaded guilty or nolo contendere to any offense that would disqualify the applicant for licensure under Ark. Code Ann. § 17-2-102 or Ark. Code Ann. § 17-25-305(c) the applicant may request a waiver under Ark. Code Ann. § 17-3-102.
(3) The applicant may also submit a written statement addressing the request for a waiver under Ark. Code Ann. § 17-2-102.
(4) The Committee may grant a waiver upon consideration of the following, without limitation:
A. The age at which the offense was committed;
B. The circumstances surrounding the offense;
C. The length of time since the offense was committed;
D. Subsequent work history since the offense was committed;
E. Employment references since the offense was committed;
F. Character references since the offense was committed;
G. Relevance of the offense to the occupational license; and
H. Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.
(5) A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.
(6) The Committee will respond with a decision in writing and will state the reasons for the decision.
(7) An appeal of a determination under this section will be pursuant to Ark. Code Ann. § 17-25-511.
(8) The Committee may request the applicant to appear before the Committee prior to making a determination.
Credits
Amended Feb. 22, 2012; July 19, 2020; Aug. 6, 2022.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.18.2-224-25-5-3, AR ADC 235.18.2-224-25-5-3
