§ 143-143.10A. Criminal history checks of applicants for licensure. - North Carolina Statutes

§ 143‑143.10A.  Criminalhistory checks of applicants for licensure.

(a)        Definitions. – Thefollowing definitions shall apply in this section:

(1)        Applicant. –  Aperson applying for licensure as a manufactured home manufacturer, dealer,salesperson, or set‑up contractor.

(2)        Criminal history. – Ahistory of conviction of a state or federal crime, whether a misdemeanor orfelony, that bears on an applicant's fitness for licensure under this Part. Thecrimes include the criminal offenses set forth in any of the following Articlesof Chapter 14 of the General Statutes: Article 5, Counterfeiting and IssuingMonetary Substitutes; Article 5A, Endangering Executive and LegislativeOfficers; Article 6, Homicide; Article 7A, Rape and Other Sex Offenses; Article8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injuryor Damage by Use of Explosive or Incendiary Device or Material; Article 14,Burglary and Other Housebreakings; Article 15, Arson and Other Burnings;Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19,False Pretenses and Cheats; Article 19A, Obtaining Property or Services byFalse or Fraudulent Use of Credit Device or Other Means; Article 19B, FinancialTransaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article26, Offenses Against Public Morality and Decency; Article 26A, AdultEstablishments; Article 27, Prostitution; Article 28, Perjury; Article 29,Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Againstthe Public Peace; Article 36A, Riots and Civil Disorders; Article 39,Protection of Minors; Article 40, Protection of the Family; Article 59, PublicIntoxication; and Article 60, Computer‑Related Crime. The crimes alsoinclude possession or sale of drugs in violation of the North CarolinaControlled Substances Act in Article 5 of Chapter 90 of the General Statutesand alcohol‑related offenses including sale to underage persons inviolation of G.S. 18B‑302 or driving while impaired in violation of G.S.20‑138.1 through G.S. 20‑138.5. In addition to the North Carolinacrimes listed in this subdivision, such crimes also include similar crimesunder federal law or under the laws of other states.

(b)        All applicants forlicensure shall consent to a criminal history record check. Refusal to consentto a criminal history record check may constitute grounds for the Board to denylicensure to an applicant. The Board shall ensure that the State and nationalcriminal history of an applicant is checked. Applicants shall obtain criminalrecord reports from one or more reporting services designated by the Board toprovide criminal record reports. Each applicant is required to pay thedesignated service for the cost of the criminal record report. In thealternative, the Board may provide to the North Carolina Department of Justicethe fingerprints of the applicant to be checked, a form signed by the applicantconsenting to the criminal record check and the use of fingerprints and otheridentifying information required by the State or National Repositories ofCriminal Histories, and any additional information required by the Departmentof Justice. The Board shall keep all information obtained pursuant to thissection confidential.

(c)        If an applicant'scriminal history record check reveals one or more convictions listed undersubdivision (a)(2) of this section, the conviction shall not automatically barlicensure. The Board shall consider all of the following factors regarding theconviction:

(1)        The level ofseriousness of the crime.

(2)        The date of thecrime.

(3)        The age of theperson at the time of the conviction.

(4)        The circumstancessurrounding the commission of the crime, if known.

(5)        The nexus betweenthe criminal conduct of the person and the job duties of the position to be filled.

(6)        The person's prison,jail, probation, parole, rehabilitation, and employment records since the datethe crime was committed.

(7)        The subsequentcommission by the person of a crime listed in subdivision (a)(2) of thissection.

If,after reviewing these factors, the Board determines that the applicant'scriminal history disqualifies the applicant for licensure, the Board may denylicensure of the applicant. The Board may disclose to the applicant informationcontained in the criminal history record check that is relevant to the denial.The Board shall not provide a copy of the criminal history record check to theapplicant. The applicant shall have the right to appear before the Board toappeal the Board's decision. However, an appearance before the full Board shallconstitute an exhaustion of administrative remedies in accordance with Chapter150B of the General Statutes.

(d)        Limited Immunity. –The Board, its officers, and employees, acting in good faith and in compliancewith this section, shall be immune from civil liability for denying licensureto an applicant based on information provided in the applicant's criminalhistory record check. (2003‑400, s. 8; 2005‑451, s. 1; 2007‑416, s. 1.)