114 STANDARD OF REVIEW FOR EVALUATING THE CRIMINAL HISTORY OF AN APPLICANT FOR LICENSURE OR CANDIDATE FOR SUSPENSION OR REVOCATION OF A LICENSE

114.1 For the purposes of this section, the following words shall have the meaning ascribed:

Applicant - a person applying for a license.

License - a license, certification, or registration issued and regulated under the authority of D.C. Code § 47-2853.01 et seq. (2001).

Licensee - a person who possesses an active license.

114.2 No application for any license shall be denied and no licensee shall have his or her license suspended or revoked, for any license listed in subsection 114.7, by reason of the applicant or licensee having been convicted of one or more criminal offenses in the District of Columbia or another jurisdiction, or by reason of a finding of lack of "good moral character," when such finding is based upon the fact that the applicant or licensee has been convicted of one or more criminal offenses in any jurisdiction, unless the board with jurisdiction over the matter first shows that:

1. (a) There is a potential direct relationship between the nature of one or more of the criminal offenses and the specific license sought or held; or
2. (b) The issuance or retention of the license could involve an unreasonable risk to property, safety, or welfare of specific individuals or the general public.

114.3 When a board bases a decision to deny, suspend, or revoke licensure for a license listed in subsection 114.7 upon the criteria set forth in paragraph (a) or (b) of subsection 114.2, the board shall, in writing, set forth the explanation as to how paragraph (a) or (b) of subsection 114.2 applies and then the board shall apply the additional criteria set forth in section 114.5 prior to denying, suspending, or revoking the license.

114.4 When a board seeks to deny, revoke, or suspend a license that is not listed in subsection 114.7, the board shall only be required to apply the criteria set forth in subsection 114.5.

114.5 In making a determination pursuant to subsection 114.2, or subsection 114.4 the board or commission shall consider the following factors:

1. (a) The specific duties and responsibilities necessarily related to the license;
2. (b) The bearing, if any, the criminal offense or offenses for which the person was convicted will have on his fitness or ability to perform one or more such duties or responsibilities under the license;
3. (c) The time that has elapsed since the occurrence of the criminal offense or offenses;
4. (d) The age of the person at the time of occurrence of the criminal offense or offenses;
5. (e) The nature and seriousness of the offense or offenses;
6. (f) Any information produced by the person, or produced on his behalf, concerning his or her rehabilitation and good conduct; and

(g) The legitimate interest of the public agency in protecting property, the safety, or welfare of specific individuals or the general public.

114.6 In making a determination pursuant to section 114.5, the board or commission shall also consider a certificate of relief from disabilities or a certificate of good conduct issued to the applicant. Only a certificate issued by the District of Columbia shall create a presumption of rehabilitation. Certificates that have been issued by other jurisdictions may be provided as evidence of rehabilitation.

114.7 The following licenses require evaluation under both subsections 114.2 and 114.5:

1. (A) Asbestos worker;
2. (B) Barber;
3. (C) Cosmetologist;
4. (D) Commercial bicycle operator;
5. (E) Electrician;
6. (F) Funeral director;
7. (G) Operating engineer;
8. (H) Plumber/gasfitter;
9. (I) Refrigeration and air conditioning mechanic; and
10. (J) Steam engineer.

114.8 If a conviction of a criminal offense, which bears directly on the fitness of the person to be licensed, forms the basis of a board's decision to deny, suspend or revoke a license under this section, the board's decision shall be made in writing and specifically state the evidence presented and reasons for the decision. The board shall provide the affected person with a written copy of its decision.

SOURCE: Final Rulemaking published at 52 DCR 5222 (May 27, 2005).