Okla. Stat. tit. 59, § 59-4000.1

practice an occupation - Request for determination on criminal

history record – State oversight entities to list disqualifying

offenses.

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. Notwithstanding any other provision of law, a conviction,

plea of guilty or nolo contendere, or pending criminal charge of a

crime may be grounds for the denial of an applicant for a state

license or state certification to practice an occupation only if the

underlying offense substantially relates to the duties and

responsibilities of the occupation and poses a reasonable threat to

public safety, health, or welfare. When making a determination

pursuant to this subsection, a licensing or certification authority

shall consider:

1. The nature and seriousness of the offense;

2. The amount of time that has passed since the offense;

3. The age of the person at the time the offense was committed;

4. Evidence relevant to the circumstances of the offense

including any aggravating or mitigating circumstances of social

conditions surrounding the commission of the offense;

5. The nature of the specific duties and responsibilities for

which the license or certification is required; and

6. Any evidence of rehabilitation submitted by the applicant

including, but not limited to, evidence related to the person’s

compliance with any conditions of community supervision, parole, or

mandatory supervision, the conduct and work activity of the person,

programming, or treatment undertaken by the person, and testimonials

or personal reference statements.

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C. Notwithstanding any other provision of law, a licensing or

certification authority shall not deny a state license or state

certification to practice an occupation due to:

1. An arrest that was not followed by a valid plea of guilty or

nolo contendere unless charges are currently pending;

2. A conviction that has been sealed, or expunged;

3. A conviction or plea of guilty or nolo contendere for which

more than five (5) years have elapsed since the date of conviction,

plea, or release from incarceration, whichever is later, so long as

the person has not been convicted of a new crime. This paragraph

shall not apply to any conviction or plea of guilty or nolo

contendere for:

a. an offense enumerated in Section 571 of Title 57 of

the Oklahoma Statutes,

b. a felony involving domestic assault, domestic assault

and battery, or domestic abuse as defined in Section

644 of Title 21 of the Oklahoma Statutes,

c. an offense that would require registration as a sex

offender pursuant to the Sex Offenders Registration

Act, or

d. any equivalent law enumerated in this paragraph from

another jurisdiction; or

4. A finding that an applicant lacks good character or fails to

meet any other similarly vague standard where a criminal conviction

is the basis for the finding.

D. Before a state licensing or state certification authority

makes a final determination that a criminal conviction, plea of

guilty or nolo contendere, or pending criminal charge may disqualify

an applicant for licensure, that authority shall provide written

notice of:

1. The specific offense that is the basis for the intended

denial;

2. The reasons the offense was determined to substantially

relate to the duties and responsibilities of the occupation and

posed a reasonable threat to public safety, health, or welfare,
y or nolo contendere, or pending criminal charge may disqualify

an applicant for licensure, that authority shall provide written

notice of:

1. The specific offense that is the basis for the intended

denial;

2. The reasons the offense was determined to substantially

relate to the duties and responsibilities of the occupation and

posed a reasonable threat to public safety, health, or welfare,

including findings for each of the factors in subsection B of this

section that the licensing or certification authority deemed

relevant to the determination; and

3. The right to submit additional evidence relevant to each of

the factors listed in subsection B of this section within thirty

(30) days, which the licensing or certification authority shall

consider before issuing a final determination.

E. A final determination that a criminal conviction, plea of

guilty or nolo contendere, or pending criminal charge may prevent a

person from receiving a license shall be in writing and include

notice of the right to appeal the determination pursuant to the

Administrative Procedures Act, or a more specific statutory

Oklahoma Statutes - Title 59. Professions and Occupations Page 1545

authority, and notice of the earliest date the applicant may reapply

for a license.

F. A person with a criminal history record may request a

determination of whether his or her criminal history record may

disqualify him or her from obtaining the desired license or

certification in the occupation from a state licensing or state

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 or certification

authority including, but not limited to, information relevant to any

of the factors for consideration described in subsection B of this

section.

G. Upon receipt of a written request for consideration of a

criminal history record for an occupation as provided in subsection

F of this section, the licensing or certification authority shall

evaluate the request and make a determination based upon the

information provided in such request whether the stated conviction

is a disqualifying offense for the occupation. A notice of the

determination shall be issued to the petitioner within sixty (60)

days from the date such request was received by the licensing or

certification authority; except, however, a licensing or

certification 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.

H. A determination made pursuant to subsection F of this

subsection that a person may not be disqualified for licensure or

certification due to criminal history shall be binding upon a

licensing or certification authority unless, at the time a full

application for a license is submitted, the applicant has

subsequently pled guilty or nolo contendere to a crime, has pending

criminal charges, or has previously undisclosed criminal

convictions.

I. The notice of a determination made pursuant to subsection F

of this section 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 is 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 that would
pursuant to subsection F

of this section 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 is 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 that would

disqualify the person from engaging in the occupation at the current

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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 a

disqualification, if any;

4. The earliest date the person may submit another request for

consideration, if any; and

5. A statement that the determination may be rescinded if, at

the time a full application for a license is submitted, the

applicant has subsequently pled guilty or nolo contendere to a

crime, has pending criminal charges, or has previously undisclosed

criminal convictions.

J. A state entity charged with oversight of an occupational

license or certification may promulgate forms for requests for

determinations for the occupation as authorized in subsection F of

this section. Each state licensing or certification 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.

K. Each state licensing or state certification authority shall

include in its application for a license or certification and

publish on its public website the following information:

1. Whether the criminal offenses of applicants may be used as a

basis for denial;

2. If criminal history may be used as a basis for denial as

listed in subsection B of this section, which offenses the licensing

or certification authority shall consider; and

3. Notice of the right to request a determination pursuant to

subsection F of this section.

L. Each state licensing or state certification authority

authorized to consider the criminal conviction of an applicant shall

annually provide to the Legislature, and publish on its public

website, the following:

1. The number of license applications received;

2. The number of applications that resulted in a license being

granted;

3. The number of applications that resulted in a license being

denied;

4. The number of applications that were denied due to criminal

history;

5. A list of criminal offenses reported by individuals who were

granted a license;

6. A list of criminal offenses reported by individuals who were

denied a license due to criminal history along with the time elapsed

since the commission of the offense; and

7. The number of petitions received by the licensing or

certification authority pursuant to subsection F of this section.

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M. The provisions of this section shall not be construed to

apply to the Council on Law Enforcement Education and Training, the

Bail Bonds Division of the Insurance Department, the State Board of

Education, the boards of examiners which are established in Title 20

of the Oklahoma Statutes, the State Board of Medical Licensure and

Supervision, or individuals applying to these authorities for

licensure or certification.