30 Miss. Code. R. 3301-17.1 - Request for Pre-Licensure Determination

1. 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 judgment of conviction and a fee of $25.00.

An individual shall be denied a license or permit based on a felony or misdemeanor 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 to a crime involving moral turpitude.

2. Determination Notification

a. Time for Response. 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.

b. Standing. The individual shall be provided one of the following responses:

i. Insufficient Information. If the individual's request contains insufficient information, the licensing authority 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.

ii. Disqualification Notification. The licensing authority or its designee shall notify the individual of the following:

1. Grounds and reasons for denial or disqualification.

2. The right to a hearing;

3. The earliest date to reapply for a license;

4. Evidence of rehabilitation may be considered upon reapplication.

c. Administrative Hearing. The notice will advise the individual of the right to a hearing to challenge the licensing authority or its designee's decision. A denial under the provision of this rule shall be heard by the Board and appealed in the same manner as a denial of licensure under Rule 7.1.

Notes

30 Miss. Code. R. 3301-17.1

Miss. Code Ann. § 73-77-9

Adopted 4/28/2022 Amended 4/15/2024