1. (a)

   1. (1) A determination on a prelicensure criminal background petition that is unfavorable to the petitioner does not preclude the petitioner from later applying for licensure.
   2. (2) However, the determination will be reviewed and taken into consideration by the Arkansas State Board of Public Accountancy in its decision on whether to issue or renew an individual CPA license.
2. (b) An applicant for an individual CPA license must undergo the criminal background check required under 17 CAR § 236-902, regardless of whether that individual has completed the prelicensure criminal background petition process set out in this subpart.
3. (c) If the results of the criminal background check required under 17 CAR § 236-902 match the facts concerning the applicant’s criminal history that were provided in a prelicensure criminal background petition, and if the board determined in response to the petition that either the petitioner’s criminal history either does not disqualify the individual from licensure or the petitioner could obtain a waiver under Arkansas Code § 17-3-102(b), then the board will be bound by its determination on the prelicensure criminal background petition.
4. (d) If the board discovers during the license application process that the facts of the applicant’s criminal background are different from those set out in the prelicensure criminal background petition, the board will not be bound by its determination on the petition.

5. (e)

   1. (1) A determination by the board in response to a prelicensure criminal background petition that an individual with an otherwise disqualifying criminal history could obtain a waiver under Arkansas Code § 17-3-102(b) does not mean that the individual will be granted such waiver.

   2. (2) Whether to grant a waiver, when permissible, may only be decided through a hearing requested by:

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

Codification Notes: "PA" means public accountant.