TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 94

OCCUPATIONAL LICENSING REFORM ACT

67-9411A.  FINGERPRINT CRIMINAL HISTORY and BACKGROUND CHECK. (1) To determine the suitability of applicants for occupational and professional licensure, the administrator of the division of occupational and professional licenses is authorized to require an applicant to provide information and fingerprints necessary to obtain criminal conviction history information from the Idaho state police and the federal bureau of investigation. Pursuant to section 67-3008, Idaho Code, and P.L. 92-544, the administrator shall obtain fingerprints from the applicant, which shall be submitted to the Idaho state police, bureau of criminal identification, for a criminal records check of state and national databases. The applicant shall submit a fingerprint card for processing and pay associated fees. Fingerprints and information required by this section shall be submitted in a manner as prescribed by the Idaho state police.

(2)  The administrator of the division of occupational and professional licenses is authorized to receive criminal history information from the Idaho state police and from the federal bureau of investigation for the purpose of evaluating the fitness of applicants for occupational and professional licensure. As provided by state and federal law, further dissemination or other use of the criminal history information is prohibited. Criminal background reports received from the Idaho state police and the federal bureau of investigation shall be handled and disposed of in a manner consistent with requirements imposed by the Idaho state police and the federal bureau of investigation.

(3)  The administrator of the division of occupational and professional licenses shall review the information received from the criminal history and background check and determine whether the applicant for licensure has a criminal or other relevant record that could disqualify the individual from licensure pursuant to section 67-9411, Idaho Code. If such criminal conviction is determined to exist, the applicant shall be informed and, unless withdrawn, the application shall be forwarded to the appropriate licensing authority for formal review. The authority to deny an application is exclusive to the respective licensing authority, subject to judicial review pursuant to section 67-5270, Idaho Code.

(4)  The criminal history and background check is not the only process for determination of suitability for licensure.

(5)  The administrator of the division of occupational and professional licenses is authorized to promulgate such rules as are necessary to carry out the provisions of this section.

History:

[67-9411A, added 2024, ch. 101, sec. 23, p. 465.]