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2018 SESSION

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HB 1135 Professions and occupations; prior criminal history.

Introduced by: Christopher K. Peace | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Professions and occupations; prior criminal history. Removes the authority given to regulatory boards of the Department of Professional and Occupational Regulation to refuse to issue a license, certificate, or registration if the board finds, based upon all of the information available, including the applicant's record of prior convictions, that the applicant is unfit or unsuited to engage in the occupation or profession. The bill does not change current law that provides that such regulatory board may refuse to issue a license, certificate, or registration if an applicant's criminal conviction directly relates to the occupation or profession for which the license, certificate, or registration is sought. If a regulatory board or department denies an applicant a license, certificate, or registration solely or in part because of the applicant's prior conviction of a crime, the regulatory board or department (i) has the burden of proving by clear and convincing evidence that the prior criminal conviction directly relates to the occupation or profession for which the license, certificate, or registration is sought and (ii) must provide written notice to the applicant. The bill also allows any person who has a criminal record to petition a regulatory board or department for a determination of whether the person's criminal record will disqualify the person from obtaining a license, certificate, or registration.


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