Pennsylvania § 3115 - Preliminary determinations by licensing boards and licensing commissions.

§ 3115. Preliminary determinations by licensing boards and licensing commissions.

An applicant with a criminal history who, based on a review of the best practices guide published under section 3116 (relating to best practices guide), is unable to determine whether the applicant's criminal record would preclude the issuance of a license, certificate, registration or permit may file a petition for preliminary review with the licensing board or licensing commission under the bureau seeking a preliminary decision on whether the applicant's criminal history would disqualify the applicant from receiving a license, certificate, registration or permit, subject to the following:

(1) If the petition is filed separately from a formal application for a license, certificate, registration or permit, the licensing board or licensing commission shall issue a preliminary decision within 45 days. The preliminary decision shall be limited to a declaration of whether a conviction on the petitioner's criminal history record falls within the set of convictions that the licensing board or licensing commission has previously determined may be directly related to the profession or occupation over which the licensing board or licensing commission has authority.

(2) If the licensing board or licensing commission determines that a conviction on the petitioner's criminal history record is directly related to the occupation, trade or profession, the notice of the preliminary decision shall inform the petitioner that the determination is not final or binding as to whether the petitioner qualifies for a license, certificate, registration or permit, and that the petitioner has the opportunity to present evidence of the factors specified in section 3113(c) (relating to consideration of criminal convictions) in connection with any subsequent formal application for a license, certificate, registration or permit. Where appropriate, the notice may also inform the petitioner that a sexual offense, crime of violence or drug trafficking offense may prevent licensure in accordance with section 3113(d), (e) and (f).

(3) The licensing board or licensing commission may charge a filing fee, which shall not exceed $45, to be paid for each petition for preliminary review filed on or after January 1, 2022. The licensing board or licensing commission may establish by regulation reasonable fees which may not exceed an amount sufficient to reimburse the licensing board or licensing commission for the administrative costs associated with processing the petition for preliminary review. The licensing board or licensing commission shall make available forms for petitioners to request in forma pauperis status in connection with a petition. The licensing board or licensing commission may not unreasonably deny in forma pauperis status. A petitioner granted in forma pauperis status shall be permitted to file a petition and receive a preliminary decision without payment of the filing fee.

(4) The determination by the licensing board or licensing commission shall be binding, subject to:

(i) A review of criminal history record information submitted during the application process.

(ii) Section 3113.

Effective Date. Section 6(1) of Act 53 of 2020 provided that the addition of section 3115 shall take effect in 180 days.

Special Provisions in Appendix. See section 5 of Act 53 of 2020 in the appendix to this title for special provisions relating to applicability.

Cross References. Section 3115 is referred to in sections 3116, 3117, 3118 of this title; section 9124 of Title 18 (Crimes and Offenses).