Use of certain vague or generic terms in licensing authority rulemaking prohibited; clear and convincing standard of proof to be used when examining factors to determine a disqualifying criminal conviction; applicability

  1. Law
  2. Mississippi Code
  3. Professions and Vocations
  4. Fresh Start Act of 2019
  5. Use of certain vague or generic terms in licensing authority rulemaking prohibited; clear and convincing standard of proof to be used when examining factors to determine a disqualifying criminal conviction; applicability

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  1. Absent applicable state law, licensing authorities shall not have in any rulemaking for their qualifications for licensure vague or generic terms including, but not limited to, "moral turpitude," "any felony," and "good character." Absent applicable state law, licensing authorities may only consider criminal records that are specific and directly related to the duties and responsibilities for the licensed occupation when evaluating applicants.
  2. The licensing authority shall use the clear and convincing standard of proof in examining the factors to determine whether an applicant with a disqualifying criminal conviction will be denied a license. Absent applicable state law, the licensing authority shall make its determination based on the following factors:
    1. The nature and seriousness of the crime for which the individual was convicted;
    2. The passage of time since the commission of the crime;
    3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and
    4. Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.
  3. All licensing authorities shall meet the requirements listed in subsection (1) by one hundred twenty (120) days after July 1, 2019.
  4. For licensing authorities, the requirements listed in subsections (1) and (2) also apply to any new occupational licenses created after July 1, 2019.
  5. The licensing authority shall adopt necessary rules for the implementation of this section.
  6. The provisions of this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law.


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