Kan. Admin. Regs. § 61-4-3 - Potentially disqualifying civil and criminal records; advisory opinion; fee
(a) For purposes of this regulation,
"conviction" shall mean the rendering of a judgment or order by a court of
competent jurisdiction in any state, or a subdivision thereof, or territory of
the United States, by a court of the United States, or by a military
court-martial pursuant to the uniform code of military justice.
(b) The following criminal records may
disqualify an applicant from receiving a license or permit:
(1) Conviction of any offense classified as a
felony in the jurisdiction in which the conviction occurred;
(2) conviction of any offense classified as a
class A person misdemeanor or similar classification in the jurisdiction in
which the conviction occurred;
(3)
conviction of any offense classified as a class A misdemeanor pursuant to
K.S.A. 21-5701 et seq. and amendments thereto, any predecessor statute before
its repeal, or any similar classification in the jurisdiction in which the
conviction occurred; and
(4)
conviction of any other misdemeanor pursuant to K.S.A. 21-5701 et seq. and
amendments thereto, any predecessor statute before its repeal, or any similar
classification in the jurisdiction in which the conviction occurred if one of
the following conditions is met:
(A) Fewer
than five years have passed since the applicant completed that individual's
sentence, including any term of incarceration, probation, or community
supervision or payment of any fine, fees, or restitution; or
(B) the applicant has been convicted of
another crime in the five years immediately preceding the date of the
application for license or permit.
(c) Civil records that may disqualify an
applicant from receiving a license or permit shall be any 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 the barbering act or
any of the board's regulations. Those records shall not be used to disqualify
an applicant for more than five years after the applicant satisfied any
judgment or restitution ordered by the court or the settlement agreement signed
by the parties.
(d) Any individual
with a criminal or civil record described in this regulation may petition the
board for an informal, 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 a copy of court
records and the settlement agreement signed by the parties;
(2) an explanation of the circumstances that
resulted in the civil or criminal record or settlement agreement; and
(3) a check or money order in the amount of
$50.00.
Notes
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