(c)

1. (1)

   1. (A) A first-time applicant must apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check.
   2. (B) The applicant must sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.
   3. (C) The board shall follow the licensing restrictions based on criminal records under Arkansas Code § 17-3-101 et seq.

2. (2) Prelicensure criminal background check.

   1. (A) An individual may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from licensure and whether a waiver may be obtained.
   2. (B) The individual must obtain the prelicensure criminal background check petition form from the board.
   3. (C) The board will respond with a decision in writing to a completed petition within a reasonable time.
   4. (D) The board’s response will state the reason or reasons for the decision.
   5. (E) All decisions of the board in response to the petition will be determined by the information provided by the individual.
   6. (F) Any decision made by the board in response to a prelicensure criminal background check petition is not subject to appeal.
   7. (G) The board will retain a copy of the petition and response and it will be reviewed during the formal application process.

3. (3) Waiver process.

   1. (A) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a) or (e) the board 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:

(i) An affected applicant for a license; or

1. (ii) An individual holding a license subject to revocation.

   1. (B) The board may grant a waiver upon consideration of the following, without limitation:

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

   3. (D) The board will:

      1. (i) Respond with a decision in writing; and
      2. (ii) State the reasons for the decision.

   4. (E) 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. (d) Completed application.

2. (1) In order for the application to be considered complete, the:

   1. (A) Applicant’s file must contain all requested:

      1. (i) Documentation;
      2. (ii) Information; and
      3. (iii) Validation; and
   2. (B) Total application fee must be paid.
3. (2) The board will not review an application until it is complete.

(e)

1. (1) The coursework required in 17 CAR § 95-403 and/or 17 CAR § 95-404 must be documented in the application.
2. (2) If necessary, clarifying documents may be submitted that describe the pertinent content of courses.

3. (3) Such documents may include:

   1. (A) The educational institution's catalog;
   2. (B) A letter from the instructor or instructors; or
   3. (C) A copy of the course outline.

(f) Provisional licensure applicant status.

1. (1)

   1. (A) Only provisional licensure applicants may practice psychology in the State of Arkansas without holding a valid and current license, except as discussed in 17 CAR § 95-601 et seq.

   2. (B) Provisional licensure applicants may practice psychology under the:

      1. (i) Supervision of a qualified psychologist; and
      2. (ii) Rules established for supervision of provisional licensure applicants (17 CAR § 95-501 et seq.).
   3. (C) Any other persons practicing psychology by title or implication may be subject to disciplinary action pursuant to Arkansas Code § 17-97-101 et seq.

2. (2)

   1. (A) The applicant shall be considered a provisional licensure applicant when the board:

      1. (i) Approves all application materials; and
      2. (ii) Admits the applicant to the next scheduled written examination.
   2. (B) Upon receiving provisional licensure applicant status, an applicant will be notified by the board of that status.

3. (3)

   1. (A) Provisional licensure, unless a reciprocity applicant, applicants may not practice psychology independently.
   2. (B) They may practice only under the direction and control of a licensed psychologist, or public or private agency, institution, or organization with which the supervisor is associated.

4. (4) Decision regarding application.

   1. (A) Following formal credentials review, a positive recommendation shall qualify the applicant for provisional licensure applicant status.
   2. (B) If the recommendation is not positive, the application under review shall be submitted to the full board for review.

   3. (C) An affirmative vote of a majority of the board shall be held as evidence that the applicant has been:

      1. (i) Assigned provisional licensure applicant status; and
      2. (ii) Admitted to the next scheduled written and/or oral examination.

   4. (D)

      1. (i) Provisional licensure applicant status shall be revoked and the applicant shall not be eligible for licensure if the information from the Identification Bureau of the Division of Arkansas State Police reveals that the applicant has pleaded guilty or nolo contendere to, or been found guilty of, any offense listed in Arkansas Code § 17-3-102(a).
      2. (ii) An applicant whose status is revoked may appeal this action through procedures identified in 17 CAR § 95-1102.

(h) Collateral notification. Upon completion of the application process, the administrative staff shall, at the request of the applicant, notify prospective or current employers of the applicant's status.

1. (i) Work permit eligibility. The board shall grant a license to an applicant who fulfills the Arkansas requirements for licensure and is a person who holds a federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a “work permit”.