§ 20-442a — Denial of application. Disciplinary action by department.

(a) The department may deny an application of an individual or take any action set forth in section 19a-17 and subsection (f) of section 19a-88 against a person or entity licensed or certified pursuant to chapter 400a for reasons including, but not limited to, the following: (1) Conviction of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the license or certificate holder's ability to safely or competently perform the work under such license, (B) information pertaining to the degree of rehabilitation of the license or certificate holder, and (C) the time elapsed since the conviction or release; (2) fraud or deceit in the practice of such person's or entity's profession; (3) negligent, incompetent or wrongful conduct in professional activities; (4) misrepresentation or concealment of a material fact in the obtaining, reinstatement or renewal of a license or certificate; or (5) violation of any provision of chapter 400a, or any regulation adopted thereunder. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17. Notice of any contemplated action under section 19a-17, the cause of action and the date of a hearing on the action shall be given and an opportunity for hearing afforded in accordance with the provisions of chapter 54. (b) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license or certificate issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual. (2) An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner. The commissioner may charge a fee of not more than fifteen dollars for each request made under this subsection. The commissioner may waive such fee. (3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license or certificate issued pursuant to this chapter. (4) The commissioner is not bound by a determination made under this section, if, upon further investigation, the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.

Legislative History

(P.A. 17-66, S. 6; P.A. 22-88, S. 25.) History: P.A. 17-66 effective July 1, 2017; P.A. 22-88 designated existing provisions as Subsec. (a) and added in same provision re application denial and added provisos re felony conviction and added Subsec. (b) re provisos for individuals convicted of a criminal offense to request commissioner determination whether such conviction disqualifies them from receiving a license.