TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 94

OCCUPATIONAL LICENSING REFORM ACT

67-9410.  inquiry regarding the potential impact of a criminal conviction. (1) An individual who has been convicted of a criminal offense may request, at any time, that a licensing authority opine as to whether the individual’s criminal conviction could disqualify the individual from obtaining a license, certificate, registration, permit, or other authorization to practice a profession or occupation issued or conferred by the licensing authority. An individual making such an inquiry shall include details of the individual’s criminal record and any payment required by the licensing authority. A licensing authority may charge a fee of no more than twenty-five dollars ($25.00) for each inquiry made under this section to reimburse the costs it incurs in issuing the opinion.

(2)  No later than sixty (60) days or at the next regular meeting after receiving an inquiry under this section, the licensing authority shall inform the individual whether, based on the criminal record information submitted, the individual is disqualified from receiving or holding the license about which the individual inquired.

(3)  A licensing authority shall not be bound by an opinion issued under this section if it later determines that the facts and circumstances submitted in the individual’s inquiry were not complete and accurate, that the individual’s criminal background is different than described in the inquiry, that a subsequent criminal offense or other relevant conduct occurred after the inquiry was submitted, or that a change in law or regulation requires a different determination.

History:

[67-9410, added 2020, ch. 175, sec. 1, p. 504.]