The proposed bill, HB2308, amends existing laws regarding occupational and professional licensing by prohibiting licensing boards from denying, suspending, or revoking a license based on a person's prior criminal offense unless the offense is substantially related to the occupation or poses a reasonable threat to public health and safety. It also allows individuals to petition the Office of Administrative Hearings (OAH) for a review of such decisions, with specific requirements for the petition and a limit on its length. The review process is designed to be confidential and informal, and the boards are required to inform individuals of their right to petition.
Key changes from current law include the introduction of a clear standard for when a criminal offense can impact licensing decisions, emphasizing the relationship between the offense and the occupation. The bill also establishes a formal process for individuals to challenge licensing decisions, which was not previously available, and mandates that boards provide notice of this right. Additionally, it defines terms such as "reasonable threat" and "substantially related," which will guide the interpretation of the law.
Statutes affected: Introduced Version: 41-1033, 41-1093.04, 41-1093.06, 41-1093.08, 41-1030, 41-1034, 13-901.03, 13-2310, 13-2311, 13-105, 13-706, 13-705, 15-501.01, 32-3201
House Engrossed Version: 41-1033, 41-1093.04, 41-1093.08, 41-1030, 41-1034, 13-901.03, 13-2310, 13-2311, 13-105, 13-706, 13-705
Senate Engrossed Version: 41-1093.04, 41-1093.08, 13-901.03, 13-2310, 13-2311, 13-105, 13-706, 13-705
Chaptered Version: 41-1093.04, 41-1093.08, 13-901.03, 13-2310, 13-2311, 13-105, 13-706, 13-705