(a) Prelicensure criminal background check.

1. (1) Pursuant to Arkansas Code § 17-3-103, an individual may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from an occupational license and whether a waiver may be obtained.
2. (2) The individual must obtain a prelicensure criminal background check petition form from the Department of Agriculture.

3. (3) The Arkansas Natural Resources Commission or its designee will:

   1. (A) Respond with a decision in writing to a completed petition within a reasonable amount of time, no later than its next regularly scheduled quarterly meeting; and
   2. (B) State the reason for its decision.

4. (4) All decisions in response to the petition:

   1. (A) Will be determined by the information provided by the individual; and
   2. (B) Are not subject to appeal.
5. (5) A copy of the petition and response will be retained and reviewed during the formal application process.

(b) Waiver request.

1. (1) If an individual has been convicted of an offense listed in Arkansas Code § 17-3- 102(a), except those permanently disqualifying offenses found in Arkansas Code § 17-3-102(e), the commission may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for waiver is made by:

   1. (A) An affected applicant for an occupational license; or
   2. (B) An individual holding an occupational license subject to revocation.

2. (2) The commission may grant a waiver upon consideration of the following, without limitation:

   1. (A) The age at which the offense was committed;
   2. (B) The circumstances surrounding the offense;
   3. (C) The length of time since the offense was committed;
   4. (D) Subsequent work history since the offense was committed;
   5. (E) Employment references since the offense was committed;
   6. (F) Character references since the offense was committed;
   7. (G) Relevance of the offense to the occupational license; and
   8. (H) Other evidence demonstrating that licensure or certification of the applicant does not pose a threat to the health or safety of the public.
3. (3) A request for waiver, if made by an applicant, must be in writing and accompany the completed application and fee.

4. (4) The commission or its designee will:

   1. (A) Respond with a decision in writing; and
   2. (B) State the reason or reasons for the decision.
5. (5) An appeal of a determination under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.