21 NCAC 29 .0402. ESTABLISHMENT OF MORAL AND ETHICAL CHARACTER

(a)  Information supplied on the application and in supporting documents must be truthful.  Falsification or concealment of facts relating to employment, military service, criminal conviction or court-martial, age or other matters that reflect on the applicant's suitability for licensure shall be grounds for license denial, revocation, or suspension.

(b)  Applicants with criminal histories from any jurisdiction shall be categorized according to the seriousness of the offense.  The category shall be determined by the most serious offense.

(c)  These categories are as follows:

(1)           Category I.  This Category consists of all Class A and B felonies.

(2)           Category II.  This Category consists of all felonies of classes C-F.

(3)           Category III.  This Category consists of all felonies of classes G or lesser, and all misdemeanors of classes A1 and 1.  Three or more Category III convictions (committed as separate incidents) shall be reclassified as a Category II offense.

(4)           Category IV.  This Category consists of misdemeanors of classes 2 and 3.  Three or more Category IV convictions (committed as separate incidents) shall be reclassified as a Category III offense.

(d)  The Board shall determine if the conviction is directly related to the duties and responsibilities of a locksmith.  The Board may consider the following factors:

(1)           The nature and seriousness of the crime;

(2)           The relationship of the crime to the purposes for requiring a license as a locksmith;

(3)           The extent to which a license might offer an opportunity to engage in further criminal activity of the same type; and

(4)           The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a licensed locksmith.

(e)  If the Board determines that the conviction does not relate to the duties and responsibilities of a locksmith, the Board shall process the application according to standard procedures.

(f)  If the Board determines that the conviction does relate to the duties and responsibilities of a locksmith, the Board shall evaluate the present fitness of the individual to provide locksmith services.

(g)  The Board shall use the following guidelines in evaluating an individual's present fitness:

(1)           An applicant with a Category I conviction is ineligible for licensure.  A licensed locksmith with a Category I conviction shall be subject to immediate revocation of license.

(2)           An applicant with a Category II conviction shall have at least 12 years since the applicant has completed all aspects of his or her sentence received as a result of the last Category II conviction to be eligible for licensure.  A licensed locksmith convicted of a Category II offense shall be subject to immediate license revocation.

(3)           An applicant with a Category III conviction shall have at least 7 years since the applicant has completed all aspects of his or her sentence received as a result of the last Category III conviction to be eligible for licensure.  A licensed locksmith convicted of a Category III offense may be subject to immediate license revocation.

(4)           An applicant with a Category IV conviction shall have at least three years since the applicant has completed all aspects of his or her sentence received as a result of the last Category IV conviction to be eligible for licensure.  A licensed locksmith convicted of a Category IV offense may be subject to immediate license revocation.

(h)  The Board may also consider the following factors in determining the present fitness of a person who has been convicted of a crime which relates to the duties and responsibilities of a locksmith:

(1)           The age at the time each crime was committed;

(2)           The conduct and work history of the person before and after the criminal conviction;

(3)           Evidence of the person's rehabilitation efforts and outcome;

(4)           The extent and nature of the past criminal history;

(5)           Two letters of recommendation from licensed locksmiths; and

(6)           Other evidence of fitness that may be relevant to the Board's assessment, such as a psychological test, mental health status report or substance abuse assessment.

(i)  If the person's criminal activity is related to a history of chemical dependency, the Board shall also consider the person's efforts and success in achieving and maintaining recovery.  Applicants with a history of chemical dependency shall demonstrate evidence of treatment or rehabilitation and at least two years of continuous recovery.

(j)  An individual whose application is denied or whose license is suspended or revoked may request a hearing under the procedures established in of G.S. 150B, Article 3A.

 

History Note:        Authority G.S. 74F-6; 74F-7;

Temporary Adoption Eff. August 13, 2002;

Eff. August 1, 2004.