1. (a)

   1. (1) The Arkansas State Board of Pharmacy may issue a provisional license or registration limited to six (6) months’ duration only to applicants who:

      1. (A) Certify on their board applications that they have no criminal convictions;
      2. (B) Meet all other qualifications for licensure or registration established by the board; and
      3. (C) Certify that they have submitted Division of Arkansas State Police and Federal Bureau of Investigation Criminal Background Check forms and associated fees pursuant to written instructions provided by the board, or, at the board's discretion, when state criminal background check reports are available within a reasonable time after application and the board has received a state criminal background check report on the applicant acceptable to the board and pursuant to this rule, and the applicant certifies that he or she has submitted division and Federal Bureau of Investigation Criminal Background Check forms and associated fees for the Federal Bureau of Investigation check pursuant to written instructions provided by the board.
   2. (2) The provisional license or registration shall permit the subject thereof to temporarily perform, pending the board's receipt of the criminal background check report or reports, the activities authorized by the license, permit, or registration that is the subject of the application.

   3. (3) An applicant who discloses any conviction identified in 17 CAR § 160-3104 on the application form:

      1. (A) Shall not be eligible to receive a provisional license or registration; and
      2. (B) Will be considered for the applicable license or registration upon the board's receipt of the criminal background check reports.

2. (b)

   1. (1) Upon receipt of both the federal and state criminal background check reports containing no conviction of any offense identified in 17 CAR § 160-3104, and upon the applicant meeting all other qualifications for the subject license/registration, the board shall issue the appropriate license/registration to the applicant.

   2. (2)

      1. (A) Upon receipt of either criminal background check report that contains a conviction of an offense identified in 17 CAR § 160-3104, the Executive Director of the Arkansas State Board of Pharmacy shall cause to be served upon the applicant notice of:

3. (i) The reported conviction;

   1. (ii) The applicant’s failure to disclose the conviction in the application;

      1. (iii) Any other relevant facts or law;

         1. (iv) The immediate revocation of the provisional license/registration pursuant to Arkansas Code § 17-92-317; and
         2. (v) The opportunity for a hearing.

      2. (B)

         1. (i) In order to obtain a hearing on the subject issues, an applicant shall serve a written request for a hearing upon the executive director within ten (10) days of service upon the applicant of the notice described in the preceding paragraph.
         2. (ii) The hearing shall be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
         3. (c) Failure of an applicant to disclose any conviction of an offense identified in 17 CAR § 160-3104 shall constitute grounds for the suspension, revocation, or denial of a license or registration.
         4. (d) Fees and applications.
   2. (1) The license/registration fee shall be submitted with the application.
   3. (2) The fee is not refundable.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(11/15/2003, Revised 03/01/2004, 7/10/2009, and 8/1/2020)"