Indiana § 36-1-26-5 Petition to determine whether criminal conviction disqualifying

Indiana Statutes

§ 36-1-26-5 — Petition to determine whether criminal conviction disqualifying

Indiana·Title 36 LOCAL GOVERNMENT·Art. 1 GENERAL PROVISIONS·Ch. 26 Effect of Criminal Convictions on Licensed Persons

(a)An individual having a misdemeanor or felony criminal conviction may at any time petition a unit requiring a license for a determination as to whether the individual's misdemeanor or felony criminal conviction will disqualify the individual from receiving a license. An individual filing a petition under this subsection must submit:

(1)the individual's criminal history information or an authorization for the unit to obtain the individual's criminal history information; and

(2)any additional information requested by the unit to assist the unit in its review of the individual's petition.

(b)If a unit denies an individual a license solely or in part because of the applicant's criminal history, the unit shall notify the individual in writing of the following:

(1)The grounds and reasons

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(a) An individual having a misdemeanor or
felony criminal conviction may at any time petition a unit requiring a
license for a determination as to whether the individual's misdemeanor
or felony criminal conviction will disqualify the individual from
receiving a license. An individual filing a petition under this subsection
must submit:
(1) the individual's criminal history information or an
authorization for the unit to obtain the individual's criminal
history information; and
(2) any additional information requested by the unit to assist the
unit in its review of the individual's petition.
(b) If a unit denies an individual a license solely or in part because
of the applicant's criminal history, the unit shall notify the individual
in writing of the following:
(1) The grounds and reasons for the denial or disqualification.
(2) The applicant has the right to a hearing to challenge the
licensing authority's decision.
(3) The earliest date the applicant may reapply for a license.
(4) Evidence of rehabilitation may be considered upon
reapplication.
Any written determination by the unit that an individual's criminal
history is specifically listed as a disqualifying conviction and is directly
related to the duties and responsibilities for the licensed occupation
must be documented in written findings for each of the factors
specified in subdivisions (1) through (4) by clear and convincing
evidence sufficient for review by a court. In an administrative hearing
or civil action reviewing the denial of a license, a unit has the burden
of proof on the question of whether the individual's criminal history
directly relates to the occupation for which the license is sought.
(c) The unit shall inform the individual of its determination
concerning the individual's petition not later than thirty (30) days after
the petition, criminal history information, and any other information
requested under subsection (a) are received by the unit.
(d) The unit may charge a fee established under IC 36-1-3-6 that
does not exceed twenty-five dollars ($25) to pay the unit's costs of
reviewing a petition filed under subsection (a).

Indiana § 36-1-26-5 (Petition to determine whether criminal conviction disqualifying) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.