| (a) The department performs criminal background checks
on each applicant for examination or a license. Applications to examine
for or receive a license, including a renewal, may be delayed as the
result of evaluating any criminal activity revealed by this criminal
background check.
(b) No currently incarcerated person is eligible to
obtain or renew a pest control license.
(c) The department may revoke, suspend, annul, or amend
an existing license, disqualify a person from receiving or renewing
a license, or deny to a person the opportunity to be examined for
a license because of a person's conviction of a felony or a misdemeanor,
if the crime directly relates to the performance of the occupation
or activity for which the license is issued and the prior criminal
conviction directly affects such person's present fitness to perform
such occupation or activity.
(d) In determining whether a criminal conviction directly
relates to the performance of a licensed occupation or activity, the
department shall consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license to engage in the occupation;
(3) the extent to which a license might offer an opportunity
to engage in further criminal activity of the same type as that in
which the person previously had been involved; and
(4) the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of the licensed occupation.
(e) In making a determination in a particular case,
the crimes which the department considers as likely to be directly
related to the performance of the licensed occupation or activity
include, but are not limited to:
(1) any felony or misdemeanor of which fraud, dishonesty,
or deceit is an essential element;
(2) any criminal violation of the SPCA;
(3) any criminal violation of statutes regulating the
particular occupation or activity for which licensing is sought;
(4) any crime involving moral turpitude;
(5) murder;
(6) burglary;
(7) robbery;
(8) sexual assault;
(9) theft;
(10) sexual assault of a child;
(11) possession of controlled substances;
(12) assault;
(13) larceny;
(14) multiple convictions for the same crime; and
(15) falsification of a government document.
(f) In determining whether a criminal conviction directly
affects a person's present fitness to hold a license under the SPCA,
the department shall consider the following factors:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person at the time of the commission
of the crime;
(3) the amount of time that has elapsed since the person's
last criminal activity, or release from a penal institution or court
supervision;
(4) the conduct and work activity of the person prior
to and following the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6) other evidence of the person's present fitness,
including letters or recommendation from prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial
responsibility for the person, the sheriff and chief of police in
the community where the person resides, and any other persons in contact
with the convicted person.
(g) It is the responsibility of the applicant to the
extent possible to secure and provide to the department the recommendations
of the prosecution, law enforcement, and correctional authorities.
The applicant must also furnish proof in such form as may be required
by the department that the applicant has maintained a record of steady
employment, supported dependents, maintained a record of good conduct,
and paid all outstanding court costs, supervision fees, fines, and
restitution as may have been ordered in all criminal cases in which
convicted.
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