30 Miss. Code. R. 2901-2.0 - Request for Pre-Licensure Determination

An individual may request the Board for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary. The request shall also be accompanied by a certified copy of any judgement of conviction and a fee of $25.00.

(a) Disqualifying Crimes

An individual may be denied a license based on a felony conviction which includes the following: a deferred conviction, a deferred prosecution, a deferred sentence, finding or verdict of guilt, admission of guilt or a plea of nolo contendre.

An individual may be denied a license based on crimes directly related to licensure practice. Crimes involving fraud or misrepresentation, theft, cheating to pass a licensure exam, embezzlement, shoplifting, forgery, burglary, and identity theft.

An applicant may be denied a license based on the admission of multiple convictions, including misdemeanor convictions and pending unresolved charges; both may be used to determine if an individual shall be denied a license.

(b) Determination Notification

The Board or its designee shall issue a written determination notification to the individual within 30 days from the Board's receipt of the individual's request.

The individual shall be provided one of the following responses:

(1) If the individual's request contains insufficient information, the Board or its designee will notify the individual that a determination cannot be made at this time as to the individual's standing or whether or not the criminal record will disqualify the individual from obtaining a license.

(2) The Board or its designee shall notify the individual in writing of the following:

a. grounds and reasons for denial or disqualification.

b. the individual's right to an administrative hearing to challenge the Board or it's designee's decision. The notice must include the time, date and nature of the hearing pursuant to the Board's statutory provisions and rules and regulations.

c. the earliest date to reapply for a license;

d. evidence of rehabilitation may be considered upon reapplication.

Sections 73-19-9, section 73-19-23

Notes

30 Miss. Code. R. 2901-2.0

Miss Code Ann. § 73-19-9 section 73-19-23

Adopted 11/21/2022