Arkansas Administrative Code
Agency 209 - Arkansas Agriculture Department
Division 05 - Veterinary Medical Examining Board
Rule 209.05.20-006 - Pre-Licensure Criminal Background Check and Waiver Request (Amended)

A. Pursuant to Ark. Code Ann. § 17-3-103, an individual may petition for a pre-licensure determination of whether the individual's criminal record will disqualify the individual from an occupational license and whether a waiver may be obtained.

B. The individual must obtain a 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 amount of time, no later than its next regularly scheduled quarterly meeting.

D. The Board's response will state the reason(s) for the decision.

E. All decisions of the Board in response to the petition will be determined by the 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, which will be reviewed during the formal application process.

A. If an individual has been convicted of an offense listed in Ark. Code Ann. § 17-3-102(a), except those permanently disqualifying offenses found in subsection (e), the Board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for waiver is made by:

B. The Board may grant a waiver upon consideration of the following, without limitation:

C. A request for waiver, if made by an applicant, must be in writing and accompany the completed application and fee.

D. The Board will respond with a decision, in writing, and will state the reason(s) for the decision.

E. An appeal of a determination under this section will be subject to the Administrative Procedure Act § 25-15-201 et seq.