Alabama § 41-9A-2.1 - Determination Whether Criminal Conviction Disqualifies an Individual from Licensure; Request Form; Fees; Rulemaking.

§ 41-9A-2.1. Determination Whether Criminal Conviction Disqualifies an Individual from Licensure; Request Form; Fees; Rulemaking.

(a) An individual who has been convicted of a criminal offense, at any time, may request in writing that an occupational licensing board determine whether the individual’s criminal conviction disqualifies that individual from obtaining a license from the board. Any individual making a request shall include any required fee as provided in subsection (e) and information relevant to the factors listed in Section 41-9A-2(b). An occupational licensing board, by rule, may prescribe a standard request form to be used by all individual’s requesting a determination.

(b) Not later than 30 days after receiving a request, an occupational licensing board shall make a determination, based on the factors provided in Section 41-9A-2, whether the individual’s criminal conviction disqualifies the individual from obtaining a license and notify the individual, in writing, of its determination. If the occupational licensing board disqualifies the individual, the notification must include an explanation that addresses the factors provided in Section 41-9A-2.

(c) A determination made pursuant to this section that an individual’s criminal conviction does not disqualify the individual from obtaining a license may be rescinded if, at the time the individual submits a completed application for licensure, the individual:

(1) Has been convicted of a subsequent crime;

(2) Is the subject of a pending criminal charge or charges; or

(3) Has failed to disclose a prior criminal conviction.

(d) If an individual submits a completed application for licensure after an occupational licensing board has determined pursuant to this section that the individual’s criminal conviction disqualifies him or her from obtaining a license, the occupational licensing board shall make a de novo determination as further provided in subsections (a) and (b).

(e) An occupational licensing board may charge a fee of not more than twenty dollars ($20) per request to reimburse the board for costs incurred in making a determination.

(f) An occupational licensing board may adopt rules to implement Section 41-9A-2 and this section.