Indiana Code 36-1-26-5. Petition to determine whether criminal conviction disqualifying
(1) the individual’s criminal history information or an authorization for the unit to obtain the individual’s criminal history information; and
Terms Used In Indiana Code 36-1-26-5
- Conviction: A judgement of guilt against a criminal defendant.
- criminal history information: has the meaning set forth in IC 5-2-4-1. See Indiana Code 36-1-26-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- license: means any license, registration, certification, permit, or endorsement required by a unit for an individual to practice an occupation or profession in an area over which the unit has jurisdiction. See Indiana Code 36-1-26-3
(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).
As added by P.L.182-2018, SEC.6.