(a) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a) or (e) the State Board of Registration for Professional Geologists may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:
- (1) An affected applicant for a license; or
- (2) An individual holding a license subject to revocation.
(b) The board may grant a waiver upon consideration of the following, without limitation:
- (1) The age at which the offense was committed;
- (2) The circumstances surrounding the offense;
- (3) The length of time since the offense was committed;
- (4) Subsequent work history since the offense was committed;
- (5) Employment references since the offense was committed;
- (6) Character references since the offense was committed;
- (7) Relevance of the offense to the occupational license; and
- (8) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.
- (c) A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.
- (d) The board will respond with a decision in writing and will state the reasons for the decision.
- (e) An appeal of a determination under this section will be subject to the Arkansas Administrative Procedure Act § 25-15-201 et seq.