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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
occupational licenses; criminal offense; prohibition
Purpose
Prohibits an occupational or professional licensing board or health profession regulatory board from denying, suspending or revoking a person's license, registration or certificate based on the person's prior criminal offense, if the offense is not substantially related to the respective occupation. Grants the person the right to request the Office of Administrative Hearings (OAH) to review the decision and outlines petition requirements.
Background
A person with a criminal record may petition an agency for a determination of whether the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition. If the agency concludes that the state has an important interest in protecting public safety that is superior to the person's right and the person's conviction meets statutorily outlined criteria, the agency may determine that the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition.
To conclude that
the state has an important interest in protecting public safety that is
superior to the person's right, the agency must determine by clear and
convincing evidence at the time of the petition that both of the following
apply: 1) the specific offense that the person was convicted of substantially
relates to the state's interest and specifically and directly relates to the
duties and responsibilities of the occupation, except offenses involving moral
turpitude; and 2) the person, based on the nature of the person's specific conviction
and current circumstances is more likely to reoffend by virtue of having the
license, permit, certificate or other state recognition than if the person did
not have the license, permit, certificate or other state recognition (A.R.S. §§
41-1903;
41-1093.01;
and 41-1093.04).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Board Prohibitions and Duties and OAH Petition
1. Prohibits an occupational or professional licensing board or health profession regulatory board from denying, suspending or revoking a license, registration or certificate for an applicant's, licensee's, registrant's or certificate holder's prior criminal offense unless:
a) the offense is substantially related to the occupation; or
b) approving the license, registration or certificate or not imposing disciplinary action against the license, registration or certificate would pose a reasonable threat to public health and safety.
2. Specifies that the board criminal offense prohibition does not impact a person's right to petition a state agency for a criminal record review or an agency's requirement to determine whether the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition.
3. Allows, in addition to other available remedies, an applicant, licensee, registrant or certificate holder to petition OAH to request a review of a denial, suspension or revocation of a license, registration or certificate for a prior criminal offense.
4. Specifies that a person's petition may not be more than five double-spaced pages.
5. Requires OAH, on receipt of a person's properly submitted petition, to review the denial, suspension or revocation and determine whether:
a) the offense is substantially related to the person's occupation; or
b) approving the petition or not imposing a disciplinary action against the license, registration or certificate would pose a reasonable threat to public health and safety.
6. Requires OAH's review to be confidential and conducted in an informal manner and limits questions from OAH to only matters specified in the petition.
7. Exempts an OAH review of an occupational or professional licensing board's or health profession regulatory board's denial, suspension or revocation of the person's license, registration or certificate for a prior criminal offense from the Uniform Administrative Hearing Procedures.
8. Requires each occupational or professional licensing board and health profession regulatory board to prominently post a notice of an individual's right to petition OAH on the board's website and on each license, registration or certificate denial.
State Agency Petition and Criminal Record Review
9. Specifies that, to conclude that the state has an important interest in protecting public safety that is superior to the person's right, an occupational or professional licensing board or a health profession regulatory board must determine at the time of the petition that:
a) the specific offense the person was convicted of substantially relates to the occupation; or
b) approval of the petition would pose a reasonable threat to public health and safety.
Miscellaneous
10. Defines terms.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Amendment Adopted by Committee
1. Allows a person to petition OAH, rather than the Governor's Regulatory Review Council, to request a review of a denial, suspension or revocation of a license, registration or certificate and outlines petition and OAH review requirements.
2. Requires each occupational or professional licensing board or health professional regulatory board to post on its website and on each license denial a notice of a person's right to petition OAH.
House Action Senate Action
RA 1/31/24 DPA 6-0-0-0 FICO 3/11/24 DPA 6-0-1
3rd Read 2/22/24 52-6-1-0-1
Prepared by Senate Research
March 12, 2024
MG/AB/cs