Kan. Admin. Regs. § 26-38-5 - Potentially disqualifying civil and criminal records; advisory opinion; fee
Current through Register Vol. 41, No. 14, April 7, 2022
(a) Each applicant
shall provide, and shall authorize the board to request, disciplinary action
information and criminal history records. If adverse information is received
from the applicant or from any other source, the applicant shall provide all
necessary records, sworn affidavits, or other documentation required by the
board concerning the disciplinary action or criminal conviction, including any
evidence that all sentencing requirements have been completed. The applicant
shall pay all costs for the acquisition of these documents.
(b) The following criminal records may
disqualify an applicant from receiving a license:
(1) Conviction of any felony;
(2) conviction of any class A misdemeanor
that includes any of the following:
(A) A
crime involving violation of any state or federal drug, narcotic, or controlled
substances law;
(B) a crime against
persons, as defined in K.S.A. 2018 Supp.
21-5401
et seq. and amendments thereto;
(C)
a sex offense, as defined in K.S.A. 2018 Supp.
21-5501 et
seq. and amendments thereto;
(D) a
crime affecting family relationships and children, as defined in K.S.A. 2018
Supp.
21-5601
et seq. and amendments thereto, excluding criminal nonsupport, as defined in
K.S.A. 2018 Supp.
21-5606 and
amendments thereto;
(E) a crime
promoting the sale of sexual relations, as defined in K.S.A. 2018 Supp.
21-6420
and amendments thereto;
(F) a crime
of theft, as defined in K.S.A. 2018 Supp.
21-5801 and
amendments thereto;
(G) an attempt,
conspiracy, or solicitation to commit any offense described in this subsection;
or
(H) any similar criminal offense
defined by another state or by the federal government; and
(3) conviction of any other misdemeanor that
meets both of the following conditions:
(A)
The crime involved at least one of the circumstances described in paragraph
(b)(2); and
(B)
(i) Fewer than five years have passed since
the applicant completed that individual's sentence, including any term of
incarceration, probation, or community supervision; or
(ii) the applicant has been convicted of
another crime in the five years immediately preceding the date of application
for license.
(c) If an applicant has been subject to
disciplinary action or has been convicted of any crime described in this
regulation, the applicant shall have the burden of proving that the applicant
has been rehabilitated and warrants the public trust.
(d) Civil records that may disqualify an
applicant from receiving a license shall be the records of any court judgment
or settlement in which the applicant admitted or was found to have engaged in
conduct that would constitute a violation of
K.S.A.
65-3501 et seq., and amendments thereto, or
any of the board's regulations. Those records may disqualify an applicant from
receiving a license for no more than five years after the applicant satisfied
any judgment or restitution ordered by the court or agreed to in the
settlement.
(e) Any individual with
a criminal or civil record described in this regulation may submit a petition
to the board for an informal, written advisory opinion concerning whether the
individual's civil or criminal record may disqualify the individual from
licensure. Each petition shall include the following:
(1) The details of the individual's civil or
criminal record, including at least one copy of the court records or the
settlement agreement;
(2) an
explanation of the circumstances that resulted in the civil or criminal record;
and
(3) a check or money order in
the amount of $50.00.
Notes
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