Oklahoma Administrative Code
Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors
Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors
Subchapter 5 - Fitness of Applicants
Section 38:10-5-4 - Criminal history initial determination

Universal Citation: OK Admin Code 38:10-5-4

Current through Vol. 42, No. 1, September 16, 2024

(a) An individual with a criminal history record may request an initial determination of whether the criminal history would potentially disqualify the individual from obtaining a license or certificate issued by the Board. The individual may request the determination at any time, including prior to obtaining the required education necessary for licensing or certification, and prior to making the application with the Board.

(b) The request shall be in writing, accompanied by a fee found in the fee schedule, and shall include either a copy of the person's criminal history record with explanation of each conviction mentioned in the criminal history record or a statement describing each criminal conviction, including the date of each conviction, the court of jurisdiction and the sentence imposed.

(c) The individual may include a statement with his or her request describing additional information for consideration by the Board including, but not limited to, information about his or her current circumstances, the length of time since conviction, what has changed since the conviction, evidence of rehabilitation, testimonials or personal reference statements.

(d) The Board shall consider the written request and make an initial determination based upon the information provided as to whether the criminal history is disqualifying. A written notice of initial determination shall be issued to the requestor within sixty (60) days from the date such request was received by the Board and mailed to the requestor at the address provided in the request. The notice shall contain the following statements:

(1) Whether the person appears eligible for licensure or certification at the current time;

(2) If there is a disqualifying offense prohibiting the person's licensure or certification;
(A) a statement identifying the offense(s) in the criminal history record or information submitted for consideration;

(B) any actions the person may take to remedy what appears to be temporary disqualification, if any; and

(C) the earliest date the person may submit another request for consideration, if any; and licensure or certification based upon the information provided by the requestor.

(e) The Board shall maintain and make available to applicants and others upon request a list of criminal offenses that would disqualify an individual from obtaining a license or certification. Any disqualifying offense shall substantially relate to the duties and responsibilities of the profession, and pose a reasonable threat to public safety as defined in 59 O.S. § 4000.1(A).

Disclaimer: These regulations may not be the most recent version. Oklahoma 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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