(a) Disqualification from registration and licensure due to criminal conviction.

1. (1) The Arkansas Natural Resources Commission shall require all applicants to undergo a state and federal background check at the commission’s expense.

2. (2) With the exception of a waiver granted pursuant to subsection (b) of this section, no individual is eligible to receive or hold certification or licensure if the individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses identified in Arkansas Code § 17-3-102(a) by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was:

   1. (A) Lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq.; or
   2. (B) Otherwise previously sealed, pardoned, or expunged under prior law.

3. (3)

   1. (A) An individual seeking certification or licensure shall be permanently disqualified from receiving certification or licensure if the individual has been convicted of any of the crimes listed at Arkansas Code § 17-3-102(e).
   2. (B) The permanent disqualification for an offense listed in Arkansas Code § 17-3-102(e) does not apply to an individual who held a valid certification or license on July 24, 2019.

4. (4) The commission shall not disqualify an applicant if the date of conviction or incarceration or on which probation for the disqualifying offense occurred is more than five (5) years prior to application for certification or license, if:

   1. (A) The individual:

(i) Was not convicted for committing a violent or sexual offense; and

1. (ii) Has not been convicted of any other offense during the five-year disqualification period; or

   1. (B) The applicant was arrested for but not subsequently convicted for an offense.

(b) Waiver of disqualification due to criminal conviction.

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

   1. (A) An affected applicant; or
   2. (B) An individual holding a certification or license subject to revocation.

2. (2) The commission may grant a waiver on the following basis 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 a commission license or certification; and
   8. (H) Other evidence demonstrating that certification or licensure of the applicant does not pose a threat to the health or safety of the public.
3. (3) A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.
4. (4) The commission will respond with a decision in writing and will state the 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.

   1. (c) Precertification or prelicensure criminal background check.
6. (1) An individual may petition the commission for a precertification or prelicensure determination of whether the individual’s criminal record will disqualify the individual from certification or licensure and whether a waiver may be obtained.
7. (2) The individual shall obtain the precertification or prelicensure criminal background check petition form from the commission.
8. (3) The commission shall respond to a completed petition with a written decision within a reasonable time.
9. (4) The commission’s response will state the reason or reasons for the decision.
10. (5) All decisions of the commission in response to the petition will be determined by the information provided by the individual.
11. (6) Any decision made by the commission in response to a precertification or prelicensure criminal background check petition is not subject to appeal.
12. (7) The commission shall retain a copy of the petition and response for review during the formal application process.