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.Credits
Adopted July 1, 2020. Amended May 15, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.09.1-23, AR ADC 235.09.1-23
