(1) As used in this section, "directly related to" means that the criminal offense for which the applicant has been convicted is still relevant at the time of the individual's application for a registration, certification, or license, which would create an unreasonable risk to public safety because the offense directly relates to the duties and responsibilities of the profession or occupation in which the individual has applied or petitioned for determination of qualification, as determined by a regulator after consideration of all evidence available to the regulator. (2) If an applicant has a conviction for a crime, a regulator may only consider the applicant's conviction for a three-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant has not been convicted of any other criminal offense during the three-year period. After the three-year period, the regulator shall only consider the individual's application for registration, certification, or licensure in the same manner as an applicant who does not possess a prior criminal record; except that the regulator may consider a conviction for a crime that is directly related to the profession or occupation for which the individual has applied for registration, certification, or licensure. (3) (a) If a regulator is considering an applicant's criminal record during the application process for registration, certification, or licensure, a regulator may only deny or refuse to renew the registration, certification, or license if the regulator determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety. (b) An applicant's conviction for a crime does not, in and of itself, disqualify the applicant from being issued a registration, certification, or license. (4) (a) An individual whose conviction may affect the individual's application for registration, certification, or licensure may petition at any time, including while incarcerated or before obtaining any required personal qualifications, for a decision from a regulator as to whether a regulator may consider the individual's criminal record when reviewing the individual's application for a registration, certification, or license. (b) An individual who petitions a regulator shall include in the petition: (I) The individual's criminal record or authorization for the regulator to obtain the individual's criminal record; and (II) Any additional information about the individual's current circumstances, including the time since the criminal offense was committed and the sentence was completed, the age of the applicant at the time the offense was committed, the payment of any court-ordered restitution, evidence of rehabilitation, testimonials, employment history, and employment aspirations. (c) If a regulator determines that a petitioner's conviction will likely be considered, the regulator shall advise the petitioner of any actions the petitioner may take to remedy the disqualification. If remedial action is advised by the regulator, the petitioner may submit a revised petition on or before a date set by the regulator for completion of the remedial actions. (d) A regulator that makes an initial determination pursuant to this subsection (4) may require a new determination at the time an individual formally applies for registration, certification, or licensure. (5) (a) In order to deny an application for registration, certification, or licensure pursuant to this section, a regulator bears the burden of proof to show by clear and convincing evidence that the denial directly connects information in an applicant's criminal record to potential performance in and the potential creation of an unreasonable risk to public safety through the particular profession or occupation for which the applicant is applying for registration, certification, or licensure. (b) If an individual has filed a petition for a determination pursuant to subsection (4) of this section, has received a notice of an agency adjudicatory hearing and filed and answer to the notice pursuant to section 24-4-105, and fails to appear at the scheduled time and place of the hearing, the administrative law judge shall enter a default judgment in favor of the regulator. (6) This section does not: (a) Negate any provision for registration, certification, or licensure in this title 12 that requires an applicant to submit information regarding the applicant's criminal history to a regulator with an application; (b) Negate any other reason specified in this title 12 for which a regulator may deny an applicant registration, certification, or licensure for a profession or an occupation; (c) Negate any requirement under federal law that requires an individual to obtain or maintain a registration, certification, or license; (d) Negate the list of determining factors that shall not be considered regarding an applicant's criminal record in section 24-5-101 (2)(b); or (e) Create liability for an employer that fails to hire an individual who has a registration, certification, or license pursuant to this title 12.
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