Oklahoma Administrative Code › Title 175 - State Board of Cosmetology and Barbering › Chapter 10 - Licensure of Cosmetologists, Barbers, Schools and Related Establishments › Subchapter 1 - General Provisions › Section 175:10-1-3 - Disqualifying criminal history and opportunity for initial determination

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Pursuant to 59 O.S. § 4000.1, the Board of Cosmetology and Barbering shall
				adopt a list of felony crimes that could disqualify a person from holding a
				license or certification under the Oklahoma Cosmetology and Barbering Act (59
				O.S. § 199.1 - 199.15). The Board shall adopt the list at its first
				meeting of the fiscal year and may modify the list as needed to protect public
				health and safety.
(b) A person who
				has been convicted of a crime on the list may at any time, including before
				obtaining any required education or applying to sit for any necessary
				examination, request an initial determination as to whether the person's
				criminal history would potentially disqualify the individual from licensure or
				certification in Oklahoma. The request shall be in writing and shall include
				either a copy of the person's criminal history record or a statement describing
				each conviction including the date of conviction, the court of jurisdiction,
				and the sentence imposed. The person may submit any additional information
				including, but not limited to, the person's current circumstances, the length
				of time since the completion of any sentence, including probation, evidence of
				rehabilitation, and testimonials or personal reference statements, as well as
				the person's professional aspirations.
(c) Upon receipt of a written request for
				consideration of a person's criminal history record, the Executive Director and
				the Chair of the Board of Cosmetology and Barbering, in consultation with Board
				legal counsel, shall evaluate the request and make an initial determination
				based upon the information provided. A notice of initial determination shall be
				issued within sixty (60) days from the date the request was received. If the
				person is not satisfied with the response, the person may request that the
				matter be placed on the agenda of the Board's next regularly scheduled
				meeting.
(d) The notice of initial
				determination shall be in writing and mailed to the requestor at the address
				provided in the request, and shall contain the following statements:
(1) Whether the person appears eligible for
				licensure or certification at the current time based upon the information
				submitted by the requestor;
(2)
				Whether there is a disqualifying offense prohibiting the person's licensure or
				certification at any time and a statement identifying such offense in the
				criminal history record or information submitted for consideration;
(3) Any actions the person may take to remedy
				what appears to be a temporary disqualification, if any;
(4) The earliest date the person may submit
				another request for consideration, if any; and
(5) A statement that the notice of initial
				determination is only an initial determination for eligibility for licensure or
				certification based upon the information provided by the requestor. Additional
				information or intervening events may result in a different final
				determination