Arkansas Administrative Code
Agency 007 - Arkansas Department of Health
Division 33 - Division of Health Related Boards and Commissions
Rule 007.33.22-018 - XXIII: Pre-Licensure Criminal Background Check
Universal Citation: AR Admin Rules 007.33.22-018
Current through Register Vol. 49, No. 9, September, 2024
Article XXIII: PRE-LICENSURE CRIMINAL BACKGROUND CHECK
A. Pursuant to Act
990 of 2019, an individual may petition for a pre-licensure determination of
whether the individual's criminal record will disqualify the individual from
licensure and whether a waiver may be obtained.
B. The individual must obtain the
pre-licensure criminal background check petition form from the Board.
C. The Board will respond with a decision in
writing to a completed petition within a reasonable time.
D. The Board's response will state the
reason(s) for the decision.
E. Ail
decisions of the Board in response to the petition will be determined by
information provided by the individual.
F. Any decision made by the Board in response
to a pre-licensure criminal background check petition is not subject to
appeal.
G. The Board will retain a
copy of the petition and response and it will be reviewed during the formal
application process.
Waiver Request
A. If
an individual has been convicted of an offense listed in A.C.A. §
17-2-102(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 application 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.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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