Petition by individual to determine if criminal record is disqualifying; information licensing authority must provide individual denied license on basis of criminal record; burden of proof in hearing or litigation; applicability
Petition by individual to determine if criminal record is disqualifying; information licensing authority must provide individual denied license on basis of criminal record; burden of proof in hearing or litigation; applicability
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Absent applicable state law, an individual with a criminal record may petition a licensing authority at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. This petition shall include details on the individual's criminal record. The licensing authority shall inform the individual of his standing within thirty (30) days of receiving the petition from the applicant. The licensing authority may charge a fee to recoup its costs not to exceed Twenty-five Dollars ($25.00) for each petition.
If a licensing authority denies an individual a license solely or in part because of the individual's prior conviction of a crime, the licensing authority shall notify the individual in writing of the following:
The grounds and reasons for the denial or disqualification;
That the individual has the right to a hearing to challenge the licensing authority's decision;
The earliest date the person may reapply for a license; and
That evidence of rehabilitation may be considered upon reapplication.
If an applicant's criminal history does not require a denial of a license under applicable state law, any written determination by the licensing authority that an applicant's criminal conviction is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the preceding factors under subsection (2) by clear and convincing evidence sufficient for a reviewing court.
In any administrative hearing or civil litigation authorized under this section, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license is sought.
The licensing authority shall adopt necessary rules for the implementation of this section.
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.