17 CAR § 225-116 – Licensure prohibiting criminal offenses

(a) An individual may not be eligible to receive or hold a license issued by the State Athletic Commission if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Arkansas Code § 17-3-102 et seq., 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 lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq., or otherwise sealed, pardoned, or expunged under prior law.
(b)
1. (1) The commission may grant a waiver as authorized by Arkansas Code § 17-3-102 in certain circumstances.
2. (2) Because of the time-sensitive nature of waiver requests, the commission designates the chair to grant waivers in between meetings of the commission.
3. (3) If the chair is unavailable, the co-chair.
4. (4) If the co-chair is unavailable, any available commissioner may grant a waiver.
(c)
1. (1) The commission is not authorized to conduct criminal background checks but may inquire about criminal convictions upon application or renewal of a license.
2. (2) Any applicant or licensee which provides false information to the State Athletic Commission regarding a criminal conviction may be subject to suspension, revocation, or denial of a license.
(d) A request for a waiver must be made in writing by an applicant for licensure or renewal at a minimum of ten (10) days before a scheduled event.
(e) Notwithstanding any other rule, the commission shall not license a person who at the time of application is a registered sex offender designated as Level 2 or higher on the Arkansas Sex Offender Registry pursuant to Arkansas Code § 17-22-302(c).