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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3634 By: McDugle
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 4000.1, as amended by
Section 1, Chapter 279, O.S.L. 2022 (59 O.S. Supp.
2023, Section 4000.1), which relates to requirements
for reinstating occupational licenses ; adding certain
boards of examiners to exemptions; providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 4000.1, as
amended by Section 1, Chapter 279, O.S.L. 2022 (59 O.S. Supp. 2023,
Section 4000.1), is amended to read as follows:
Section 4000.1 A. As used in this section:
1. "Substantially relate" means the nature of the crim inal
conduct for which the person was conv icted has a direct bearing on
the fitness or ability to perfo rm one or more of the duties or
responsibilities necessarily related to the occupa tion; and
2. "Pose a reasonable threat" means the nature of the crimin al
conduct for which the person was convic ted involved an act or threat
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of harm against another and has a bearing on the fitness or abil ity
to serve the public or work with others in th e occupation.
B. Notwithstanding any other provision of law, a conviction,
plea of guilty or nolo contendere, or pending criminal charge of a
crime may be grounds for the denial of an applicant for a state
license or state certification to practice an occu pation only if the
underlying offense substantially relates to the duties and
responsibilities of th e occupation and poses a reasonable threat to
public safety, health, or welfare. When making a determination
pursuant to this subsection, a licensing or ce rtification authority
shall consider:
1. The nature and seriousness of the offense;
2. The amount of time that has pas sed since the offense;
3. The age of the person at the time the offense was committed;
4. Evidence relevant to the circumstances of the offense
including any aggravating or mitigating circumstances of social
conditions surrounding the commission of th e offense;
5. The nature of th e specific duties and responsibilities for
which the license or certification is required; and
6. Any evidence of rehabilitation submitted by the applicant
including, but not limited to, evi dence related to the person's
compliance with any conditions of community supervision, parole, or
mandatory supervision, the conduct and work activity of the person,
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programming, or treatment undertaken by the person, and testimonials
or personal reference statements.
C. Notwithstanding any other provision of law, a l icensing or
certification authority shall not deny a state license or state
certification to practice an occupation due to:
1. An arrest that was not followed by a valid plea of guilty or
nolo contendere unless charges are currently pend ing;
2. A conviction that has been sealed, or expunged;
3. A conviction or plea of guilty or nolo contendere for which
more than five (5) years have elapsed since the date of conviction,
plea, or release from incarceration, whichever is later, so long as
the person has not be en convicted of a new crime. This paragraph
shall not apply to any conviction or plea of guilty or nolo
contendere for:
a. an offense enumerated in Section 571 of Title 57 of
the Oklahoma Statutes,
b. a felony involving domestic assault, domestic assault
and battery, or domest ic abuse as defined in Section
644 of Title 21 of the Oklahoma Statutes,
c. an offense that would require registration as a sex
offender pursuant to the Sex Offenders Registration
Act, or
d. any equivalent law enumerated in this paragraph from
another jurisdiction; or
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4. A finding that an applicant lacks good character or fails to
meet any other similarly vague standard where a criminal conviction
is the basis for the finding.
D. Before a state licensing or state certification authority
makes a final determination that a criminal conviction, plea of
guilty or nolo contendere, or pending criminal charge may disqualify
an applicant for licensure, that authority shall provide written
notice of:
1. The specific offense that is the basis for the intended
denial;
2. The reasons the offense was determined to sub stantially
relate to the duties and responsibilities of the occupation and
posed a reasonable threat t o public safety, health, or welfare,
including findings for each of the factors in subsection B of this
section that the licensing or certification authority deemed
relevant to the determination; and
3. The right to submit additional evidence relevant to each of
the factors listed in subsection B of this section within thirty
(30) days, which the licensing or certification authority shall
consider before issuing a final determination.
E. A final determination that a criminal conviction, plea of
guilty or nolo contendere, or pending criminal charge may prevent a
person from receiving a license shall be in w riting and include
notice of the right to appeal the determination pursuant to the
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Administrative Procedures Act, or a more specific statutory
authority, and notice of the earliest date the applicant may reapply
for a license.
F. A person with a criminal history record may request a
determination of wheth er his or her criminal history record may
disqualify him or her from obtaining the desired l icense or
certification in the occupation from a state licensing or state
certification authority at any time, including before obtaining any
required education or training for such occupation. The request
shall be in writing and shall include either a copy of the person's
criminal history record with explanation of each conviction
mentioned in the criminal history record or a statement describing
each criminal conviction including the date of each conviction, the
court of jurisdiction and the sentence imposed. The person may
include a statement with h is or her request describing additional
information for consideration by the licensing or certification
authority including, but not limited to, information relevant to any
of the factors for consideration described in subsection B of this
section.
G. Upon receipt of a written request for consideration of a
criminal history record for an occupation as provided in subsection
F of this section, the licensing or certification authority shall
evaluate the request and make a determination based upon the
information provided in such request whether the stated con viction
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is a disqualifying offense for the occupation. A notice of the
determination shall be issued to the petitioner within sixty (60)
days from the date such request was received by the licensing or
certification authority, except however, a li censing or
certification authority regulating fifty thousand or more members in
its occupation shall be allowed ninet y (90) days to make its initial
determination and issue notice to the requestor.
H. A determination made pursuant to subsection F of this
subsection that a person may not be disqualified for licensure or
certification due to criminal history shall be b inding upon a
licensing or certification authority unless, at the time a full
application for a license is submitted, the applicant has
subsequently pled guilty or nolo contendere to a crime, has pending
criminal charges, or has previously undisclosed crim inal
convictions.
I. The notice of a determination made pursuant to subsect ion F
of this section shall be in writing and mailed to the requ estor at
the address provided in his or her request, and shall contain the
following statements:
1. Whether the person is eligible for licensure or
certification in the occup ation at the current time based upon t he
information submitted by the req uestor;
2. Whether there is a disqualifying offense that would
disqualify the person from engaging in the occupation at the current
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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 a
disqualification, if any;
4. The earliest date the person may submit another req uest for
consideration, if any; and
5. A statement that the determination may be rescinded if, at
the time a full application for a license is submitted, the
applicant has subsequently pled guilty or nolo conte ndere to a
crime, has pending criminal charges, or has previously undisclosed
criminal convictions.
J. A state entity charged with oversight of an occupational
license or certification may promulgate forms for requests for
determinations for the occupatio n as authorized in subsection F of
this section. Each state licensing or certification authority may
charge a fee not to exceed Ninety -five Dollars ($95.00) for ea ch
initial determination of eligibility i t makes for the occupation
based upon the informati on provided by the requestor.
K. Each state licensing or state certification authority shall
include in its application for a license or certification and
publish on its public website the following information:
1. Whether the criminal offenses of applicants may be used as a
basis for denial;
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2. If criminal history may be used as a basis for denial as
listed in subsection B of this section, which offenses the licensing
or certification authority shall consider; and
3. Notice of the right to request a determination pursuant to
subsection F of this section.
L. Each state licensing or state certification authority
authorized to consider the criminal conviction of an applicant shall
annually provide to the Legislature, and publish on its public
website, the following:
1. The number of license applications received;
2. The number of applications that resulted in a license being
granted;
3. The number of applications that resulted in a license being
denied;
4. The number of applications that were denied due to criminal
history;
5. A list of criminal offenses reported by individuals who were
granted a license;
6. A list of criminal offenses reported b y individuals who were
denied a license due t o criminal history along with the time elapsed
since the commission of the offense; and
7. The number of petitions received by the licensing or
certification authority pursuant to subsection F of this section.
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M. The provisions of this section sha ll not be construed to
apply to the Council on Law Enforcement Education and Training, the
Bail Bonds Division of the Oklahoma Insurance Department, the State
Board of Education, the boards of examiners which are established in
Title 20 of the Oklahom a Statutes, or individuals applying to these
authorities for licensure or certification.
SECTION 2. This act shall bec ome effective November 1, 2024.
59-2-9071 SW 12/29/23