Arkansas Administrative Code
Agency 239 - Department of Health
Division 01 - Division of Health Related Boards
Rule 239.01.22-005 - Pre-Licensure Criminal Background Check Waiver Request

Universal Citation: AR Admin Rules 239.01.22-005

Current through Register Vol. 49, No. 9, September, 2024

Act 748 - Pre-Licensure Criminal Background Check Waiver Request

Ark. Admin. Code 007.33.8-2 (Formerly cited as AR ADC 029.00.2)

PART 2. RULES

A. APPLICATIONS FOR STATE BOARD EXAMINATIONS AND LICENSURE.
7. Pre-Licensure Criminal Background Check Waiver Request
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.

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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