An agency or administrator may not take adverse action against an applicant or licensee, with regard to a license as defined in § 36-1C-1, based on the individual's criminal history, except as provided in this chapter. Except as provided in § 36-1C-22, §§ 36-1C-1 and 36-1C-17 to 36-1C-22, inclusive, supersede any conflicting provisions for the affected profession and occupation unless otherwise stated. An agency or administrator may take adverse action against an applicant or licensee upon proof that the applicant or licensee has been convicted of a crime for which the conviction directly relates, in the discretion of the agency or administrator, to the profession or occupation for which the license is sought or held. To determine whether a conviction directly relates to the profession or occupation, the agency or administrator must consider:

1. (1) The nature and seriousness of the crime;
2. (2) The relationship of the crime to the purposes of regulating the profession or occupation for which the license is sought or held;
3. (3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and
4. (4) Any personal statement of an applicant or licensee regarding whether each crime directly relates to the profession or occupation for which the license is sought or held. If the agency or administrator determines that the crime directly relates to the profession or occupation being licensed, the agency or administrator must also consider whether an applicant or licensee has been rehabilitated to the extent that the person no longer poses the kind of risk to the profession or occupation associated with that type of conviction.

Source: SL 2024, ch 150 , § 2.