41-1093.08. Occupational or professional licensing boards; health profession regulatory boards; denial, suspension or revocation; prior criminal offense; review; procedures; notice; definitions

417 words·~2 min read·/az/title-41/41-1093-08

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Notwithstanding any other law, an occupational or professional licensing board or health profession regulatory board may not deny, suspend or revoke a license, registration or certificate for an applicant's, licensee's, registrant's or certificate holder's prior criminal offense unless either:

1. The offense is substantially related to the occupation.

2. Approving or not imposing disciplinary action against the license, registration or certificate would pose a reasonable threat to public health and safety.

B. In addition to other available remedies, an applicant, licensee, registrant or certificate holder may petition the office of administrative hearings to request a review of a denial, suspension or revocation of a license, registration or certificate for a prior criminal offense. A petition submitted pursuant to this subsection may not be more than five double-spaced pages. Review hearings shall be confidential and conducted in an informal manner. Article 10 of this chapter does not apply to reviews requested pursuant to this subsection.

C. On receipt of a properly submitted petition pursuant to subsection B of this section, the office of administrative hearings shall review the denial, suspension or revocation and determine whether the offense is substantially related to the applicant's, licensee's, registrant's or certificate holder's occupation or if approving or not imposing a disciplinary action against the license, registration or certificate would pose a reasonable threat to public health and safety. Questions from the office of administrative hearings shall be limited to only matters specified in the petition.

D. Each occupational or professional licensing board or health profession regulatory board shall post prominently on the board's website and on each license, registration or certificate denial a notice of an individual's right to petition the office of administrative hearings for review pursuant to this section.

E. This section does not impact a person's right to petition an agency for a criminal record review pursuant to section 41-1093.04 or an agency's requirement to determine whether the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition.

F. For the purposes of this section:

1. "Health profession regulatory board" has the same meaning prescribed in section 32-3201.

2. "Reasonable threat" means the criminal conduct the person was convicted of involved an act or threat of harm against another person and has a direct bearing on the person's ability to safely serve the public or work with others in the occupation.

3. "Substantially related" means has a direct bearing on the ability to perform any duties or responsibilities related to the occupation.