Kansas Administrative Regulations › Agency 63 - KANSAS STATE BOARD OF MORTUARY ARTS › Article 5 - ADMINISTRATIVE HEARINGS AND DISCIPLINARY ACTION › Section 63-5-3 - Potentially disqualifying civil and criminal records; advisory opinion; fee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For purposes of this regulation,
			 "conviction" shall mean a judgment or order of guilt by a court of competent
			 jurisdiction in any state, or a subdivision thereof, or territory of the United
			 States, by a court of the United States, or by a military court martial pursuant
			 to the uniform code of military justice.
(b) The following criminal records may
			 disqualify an applicant from receiving a license:
(1) A conviction of any offense classified as a
			 felony in the jurisdiction in which the conviction occurred;
(2) a conviction of criminal desecration as
			 defined in K.S.A. 2018 Supp. 21-6205, and amendments thereto, or a crime defined
			 as substantially similar in the jurisdiction in which the conviction
			 occurred;
(3) a conviction of any
			 offense classified as a class A misdemeanor, or a similar classification in the
			 jurisdiction in which the conviction occurred, that involves any of the
			 following:
(A) A crime whose victim was a
			 client, customer, or other individual with whom the applicant had a professional
			 or fiduciary relationship;
(B) a
			 crime that occurred at the applicant's work site or while the applicant was on
			 work duty;
(C) a crime involving
			 fraud, theft, or misappropriation of another person's money, property, or
			 services;
(D) giving a worthless
			 check or causing unlawful prosecution for a worthless check;
(E) counterfeiting;
(F) criminal use of a financial card;
(G) a crime classified as a sex offense or
			 requiring registration as a sex offender by the jurisdiction in which the
			 conviction occurred;
(H) a crime
			 involving assault, battery, domestic battery, battery of a law enforcement
			 officer, sexual battery, stalking, or criminal restraint as defined by the
			 jurisdiction in which the conviction occurred;
(I) a crime involving promoting obscenity,
			 promoting material to minors that is harmful, or promoting
			 prostitution;
(J) a crime that
			 involved knowingly violating a protection from abuse order, a protective order,
			 or a restraining order;
(K) cruelty
			 to animals;
(L) a crime involving the
			 unlawful use, possession, or distribution of any illegal drug or controlled
			 substance;
(M) a crime involving the
			 unlawful use or possession of paraphernalia with intent to use to manufacture,
			 cultivate, plant, propagate, harvest, test, analyze, or distribute a controlled
			 substance;
(N) a crime involving
			 harassment by telephone, any telecommunications device, or telefacsimile
			 communication;
(O) unlawful
			 administration of a substance as defined in K.S.A. 2018 Supp. 21-5425, and
			 amendments thereto, or defined as substantially similar in the jurisdiction in
			 which the conviction occurred;
(P)
			 driving under the influence of drugs or alcohol, or any other crime in which the
			 applicant was intoxicated when the applicant committed the crime;
(Q) a crime involving the abuse, neglect, or
			 exploitation of a child, elderly person, or disabled person as defined by the
			 jurisdiction in which the conviction occurred; or
(R) a crime involving the unlawful use,
			 possession, distribution, or discharge of a firearm; and
(4) conviction of a misdemeanor offense that
			 meets both of the following conditions:
(A) The
			 crime involved at least one of the circumstances described in paragraph (b)(3);
			 and
(B) one of the following
			 conditions is met:
(i) Fewer than five years
			 have passed since the applicant completed the applicant's sentence, including any
			 term of incarceration, probation, or community supervision or payment of any
			 fine, fees, or restitution; or
(ii)
			 the applicant has been convicted of another crime in the five years immediately
			 preceding the date of the application for license.