House Bill 1874 — State of Washington, 2022 Regular Session (Professional Licensure and Criminal Convictions)

Summary

House Bill 1874 of the State of Washington, 67th Legislature, 2022 Regular Session (H-2042.1), by Representatives Vick, Dufault, Hoff, and other representatives named on the bill, read first time January 11, 2022, and referred to the Committee on Consumer Protection & Business. The bill relates to reducing barriers to professional licensure for individuals with previous arrests or criminal convictions and amends RCW 18.400.020 and 18.400.030. Section 1 amends the preliminary-application process for an individual with a criminal conviction, including a written determination within two months after receipt, and states that a licensing authority shall not charge a fee for a preliminary application. Section 2 amends the rule against disqualifying an individual based on a sealed, dismissed, expunged, or pardoned conviction or a juvenile adjudication.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     H-2042.1

                                HOUSE BILL 1874


     State of Washington       67th Legislature           2022 Regular Session

     By Representatives Vick, Dufault, Hoff, Jacobsen, Leavitt, Simmons,
     Corry, Senn, Peterson, Goodman, Riccelli, Davis, Macri, and Young

     Read first time 01/11/22.       Referred     to   Committee   on   Consumer
     Protection & Business.




 1       AN ACT Relating to reducing barriers to professional licensure
 2   for individuals with previous arrests or criminal convictions; and
 3   amending RCW 18.400.020 and 18.400.030.


 4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       Sec. 1.   RCW 18.400.020 and 2021 c 194 s 2 are each amended to
 6   read as follows:
 7       (1) An individual who has a criminal conviction may submit to the
 8   appropriate licensing authority a preliminary application for a
 9   professional license, government certification, or state recognition
10   of the individual's personal qualifications for a determination as to
11   whether the individual's criminal conviction would disqualify the
12   individual from obtaining the occupational or professional license,
13   government certification, or state recognition of the individual's
14   personal   qualifications   from   that   licensing   authority.   The
15   preliminary application may be submitted at any time, including prior
16   to obtaining required education or paying any fee. Only licenses,
17   certifications, or recognitions administered by the department of
18   licensing or a board or commission with the support of the department
19   of licensing are eligible for a determination under this section.
20       (2)   ((The  preliminary   application   may  include   additional
21   information about the individual's current circumstances, including
                                     p. 1                                HB 1874
 1   the)) In making a determination under this section, the appropriate
 2   licensing authority must consider, but is not limited to, the
 3   following factors:
 4       (a) The nature and seriousness of the offense;
 5       (b) The relationship of the offense to the ability, capacity, and
 6   fitness   required  to   perform   the   duties  and   discharge   the
 7   responsibilities of the profession;
 8       (c) The age of the person at the time of the offense;
 9       (d) The length of time elapsed since the offense((, completion));
10       (e) Completion of the criminal sentence((, other)); and
11       (f) Other evidence of rehabilitation, treatment, testimonials,
12   employment history, and employment aspirations.
13       (3) Upon receipt of a preliminary application ((under subsection
14   (2) of this section)), the appropriate licensing authority shall make
15   a determination of whether the individual's criminal conviction would
16   disqualify the individual from obtaining a professional license,
17   government certification, or state recognition of the individual's
18   personal qualifications from that licensing authority.
19       (4) The licensing authority shall issue its determination in
20   writing within two months after receiving a preliminary application
21   ((under subsection (2) of this section)). If the licensing authority
22   determines that the individual's criminal conviction would disqualify
23   the individual, the licensing authority will provide a written
24   determination that ((includes findings of fact and conclusions of law
25   and may advise)):
26       (a) Includes the specific factors in subsection (2) of this
27   section that the licensing authority deemed disqualifying;
28       (b) Advises the individual of any action the individual may take
29   to remedy the disqualification; and
30       (c) Provides the earliest date the individual may reapply for a
31   new determination.
32       (5) If the licensing authority finds that the individual has been
33   convicted of a subsequent criminal conviction, or that the individual
34   has failed to disclose a conviction, the licensing authority may
35   rescind a determination upon finding that the subsequent criminal
36   conviction would be disqualifying under subsection (3) of this
37   section.
38       (((5))) (6) The individual may appeal the determination of the
39   licensing authority. The appeal shall be in accordance with chapter
40   34.05 RCW.
                                     p. 2                          HB 1874
 1       (((6))) (7) An individual whose preliminary application has been
 2   disqualified shall not file another preliminary application under
 3   this section with the same licensing authority within two years after
 4   the final decision on the previous preliminary application, except
 5   that   if   the  individual   has   taken   action   to  remedy   the
 6   disqualification as advised by the licensing board. If such action
 7   has been taken, the individual may file another preliminary
 8   application under this section with the same licensing authority six
 9   months after the final decision on the previous preliminary
10   application.
11       (((7))) (8) A licensing authority shall not charge a fee to a
12   person for any preliminary application filed pursuant to this
13   section.


14       Sec. 2.   RCW 18.400.030 and 2021 c 194 s 3 are each amended to
15   read as follows:
16       (1)    When   issuing    a   professional   license,   government
17   certification, or state recognition, the appropriate licensing
18   authority may not disqualify an individual based on:
19       (a) A conviction that has been sealed, dismissed, expunged, or
20   pardoned; or
21       (b) A juvenile adjudication.
22       (2) The appropriate licensing authority may disqualify an
23   individual   from  obtaining   a   professional  license,  government
24   certification, or state recognition if it determines the individual's
25   conviction is related to the occupation or profession unless the
26   individual has requested and received a certificate of restoration of
27   opportunity under RCW 9.97.020.

                                  --- END ---




                                     p. 3                          HB 1874


File and source

File

2022-02-17_a29814_bill_1874.pdf

Size

70,707 bytes

SHA-256

4d6b367fabc2157d22eacb6d242e2e0f3ce0c102a33b419b2e40a465e6519297

Our copy

2022-02-17_a29814_bill_1874.pdf

Original

No public link identified.