Arkansas Administrative Code
Agency 209 - Arkansas Agriculture Department
Division 02 - State Plant Board
Rule 209.02.20-003 - Pre-Licensure Criminal Background Check and Waiver Request
Universal Citation: AR Admin Rules 209.02.20-003
Current through Register Vol. 49, No. 9, September, 2024
I. PRE-LICENSURE CRIMINAL BACKGROUND CHECK
A. Individuals 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
Arkansas Department of Agriculture.
C. The Board or its designee will respond
with a written decision to a completed petition immediately following the
Board's next quarterly meeting and state the reasons for the
decision.
D. All decisions made in
response to a pre-licensure criminal background check petition will be
determined by the information provided by the individual, and are not subject
to appeal.
E. A copy of the
petition and response will be retained and reviewed as necessary during the
formal application process.
II. WAIVER REQUEST
A. If an individual has been convicted of an
offense listed in A.C.A. §
17-3-102(a), except those permanently
disqualifying offenses found in subsection (e), the Board or a committee of 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 or committee 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, committee, or designee will respond with a decision in writing and
will state the reasons for the decision. All committee decisions are subject to
approval by the Board.
E. An appeal
of a determination under this section will be subject to the Administrative
Procedure Act §
25-15-201
et seq.
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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