2019 Oklahoma Statutes
Title 59. Professions and Occupations
§59-4000.1. Request for initial determination on whether criminal history record would disqualify a person from a license or certification – State oversight entities to list disqualifying offenses – Definitions.

A. As used in this section:

1. "Substantially relate" means the nature of the criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Pose a reasonable threat" means the nature of the criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

B. A person with a criminal history record may request an initial determination of whether his or her criminal history record would potentially disqualify him or her from obtaining the desired license or certification in the occupation from a state licensing or certification authority at any time, including before obtaining any required education or training for such occupation. The request shall be in writing and shall include either a copy of the person's criminal history record with explanation of each conviction mentioned in the criminal history record or a statement describing each criminal conviction including the date of each conviction, the court of jurisdiction and the sentence imposed. The person may include a statement with his or her request describing additional information for consideration by the licensing authority including, but not limited to, information about his or her current circumstances, the length of time since conviction and what has changed since the conviction, evidence of rehabilitation, testimonials or personal reference statements and his or her employment aspirations.

C. Each state entity charged with oversight of an occupational license or certification shall list with specificity any criminal offense that is a disqualifying offense for such occupation. Any disqualifying offense shall substantially relate to the duties and responsibilities of the occupation and pose a reasonable threat to public safety as defined in subsection A of this section. Disqualifying offenses shall be provided to applicants and others upon request.

D. Upon receipt of a written request for consideration of a criminal history record for an occupation as provided in subsection B of this section, the licensing authority shall evaluate the request and make an initial determination based upon the information provided in such request whether the stated conviction is a disqualifying offense for the occupation. A notice of initial determination shall be issued to the petitioner within sixty (60) days from the date such request was received by the licensing authority, except however, a licensing authority regulating fifty thousand or more members in its occupation shall be allowed ninety (90) days to make its initial determination and issue notice to the requestor.

E. The notice of initial determination shall be in writing and mailed to the requestor at the address provided in his or her request, and shall contain the following statements:

1. Whether the person appears eligible for licensure or certification in the occupation at the current time based upon the information submitted by the requestor;

2. Whether there is a disqualifying offense prohibiting the person's engagement in the occupation at any time and a statement identifying such offense in the criminal history record or information submitted for consideration;

3. Any actions the person may take to remedy what appears to be a temporary disqualification, if any;

4. The earliest date the person may submit another request for consideration, if any; and

5. A statement that the notice of initial determination is only an initial determination for eligibility for licensure or certification in the occupation based upon the information provided by the requestor.

F. A state entity charged with oversight of an occupational license or certification may promulgate forms for requests for initial determinations for the occupation as authorized in subsection B of this section. Each state licensing authority may charge a fee not to exceed Ninety-five Dollars ($95.00) for each initial determination of eligibility it makes for the occupation based upon the information provided by the requestor.

Added by Laws 2019, c. 363, § 1, eff. Nov. 1, 2019.