1. A person may not be disqualified to practice, pursue, or engage in any occupation,
trade, or profession for which a license, permit, certificate, or registration is
required from any state agency, board, commission, or department solely because of
prior conviction of an offense. However, a person may be denied a license, permit, certificate, or registration
because of prior conviction of an offense if it is determined that such person has
not been sufficiently rehabilitated, or that the offense has a direct bearing upon
a person's ability to serve the public in the specific occupation, trade, or profession.
2. A state agency, board, commission, or department shall consider the following in
determining sufficient rehabilitation:
a. The nature of the offense and whether it has a direct bearing upon the qualifications,
functions, or duties of the specific occupation, trade, or profession.
b. Information pertaining to the degree of rehabilitation of the convicted person.
c. The time elapsed since the conviction or release. Completion of a period of five years after final discharge or release from any term
of probation, parole or other form of community corrections, or imprisonment, without
subsequent conviction shall be deemed prima facie evidence of sufficient rehabilitation.
3. If conviction of an offense is used in whole or in part as a basis for disqualification
of a person, such disqualification shall be in writing and shall specifically state
the evidence presented and the reasons for disqualification. A copy of such disqualification shall be sent to the applicant by certified mail.
4. A person desiring to appeal from a final decision by any state agency, board, commission,
or department shall follow the procedure provided by the chapter of this code regulating
the specific occupation, trade, or profession. If no appeal or review procedure is provided by such chapter, an appeal may be taken
in accordance with chapter 28-32, except for attorneys disbarred or suspended under
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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