D.C. Mun. Regs. tit. 17, r. 17-3312

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-3312 - STANDARD OF REVIEW FOR EVALUATING THE CRIMINAL HISTORY OF AN APPLICANT FOR LICENSURE OR CANDIDATE FOR SUSPENSION OR REVOCATION OF A LICENSE

3312.1

No application for any license shall be denied and no licensee shall have his or her license suspended or revoked, by reason of the applicant or licensee having been convicted of one or more criminal offenses in the District of Columbia or another jurisdic tion, unless the board with jurisdiction over the matter first evaluates the applicant's or licensee's fitness to engage in the profession or occupation in accordance with § 3312.4, § 3312.5, or both.

3312.2

The fitness of applicants and holders of the following licenses shall be evaluated in accordance with both § 3312.4 and § 3312.5:

(a) Asbestos worker or supervisor;

(b) Barber;

(c) Body artist

(d) Cosmetologist;

(e) Electrician;

(f) Funeral director;

(g) Operating engineer;

(h) Plumber/gasfitter;

(i) Refrigeration and air conditioning mechanic; and

(j) Steam engineer.

3312.3

When a board seeks to deny, revoke, or suspend a license that is not listed in § 3312.2, the board shall only be required to apply the criteria set forth in § 3312.5.

3312.4

When a board bases a decision to deny, suspend, or revoke licensure for a license listed in § 3312.2 on the criminal history of an applicant or licensee, the board must show:

(a) There is a potential direct relationship between the nature of one or more of the criminal offenses and the specific license sought or held; or

(b) The issuance or retention of the license could involve an unreasonable risk to property, safety, or welfare of specific individuals or the general public

3312.5

In making a determination of fitness in light of a criminal history, the board shall consider the following factors:

(a) The specific duties and responsibilities necessarily related to the license;

(b) The bearing, if any, the criminal offense or offenses for which the person was convicted will have on his fitness or ability to perform one or more such duties or responsibilities under the license;

(c) The time that has elapsed since the occurrence of the criminal offense or offenses;

(d) The age of the person at the time of occurrence of the criminal offense or offenses;

(e) The nature and seriousness of the offense or offenses;

(f) Any information produced by the person, or produced on his behalf, concerning his or her rehabilitation and good conduct; and

(g) The legitimate interest of the public agency in protecting property, the safety, or welfare of specific individuals or the general public.

3312.6

In making a determination pursuant to § 3312.5, the board or commission shall also consider a certificate of relief from disabilities or a certificate of good conduct issued to the applicant or licensee. Only a certificate issued by the District of Columbia shall create a presumption of rehabilitation. Certificates that have been issued by other jurisdictions may be provided as evidence of rehabilitation.

3312.7

If a conviction of a criminal offense, which bears directly on the fitness of the person to be licensed, forms the basis of a board's decision to deny, suspend or revoke a license under this section, the board shall provide the applicant or licensee with a notice of the intended action and an opportunity for a hearing in accordance with § 3315 of this chapter.

D.C. Mun. Regs. tit. 17, r. 17-3312

Amended by Final Rulemaking published at 65 DCR 11476 (10/12/2018)