AN ACT CONCERNING COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTIONS ON OCCUPATIONAL LICENSING.
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HB 5248 — AN ACT CONCERNING COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTIONS ON OCCUPATIONAL LICENSING.
Last action — SIGNED BY GOVERNOR
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✓Introduced
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6Enacted
This bill has been enacted into law. Introduced February 24, 2022. Enacted.
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Enacted
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27 sponsors
27 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (21 D).
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Bill Text
What changed in the latest version
1653 added · 2019 removed1653 line(s) added, 2019 removed.
Substitute House ofBill Representatives File No.
6275248 GeneralPublic AssemblyAct February Session, 2022Reprint of File No.
379)22-88 SubstituteAN HouseACT BillCONCERNING No.COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTIONS ON OCCUPATIONAL LICENSING.
5248 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner April 25, 2022 AN ACT CONCERNING COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTIONS ON OCCUPATIONAL LICENSING.
(2) Employ and assign such personnel as the commissioner deems necessary for the performance of the functions of the boards and sHB5248commissions; / File No.
627 sHB5248 File No.
627 commissions;
(4)Substitute Adopt,House withBill theNo. advice and assistance of the appropriate board or commission, and in accordance with chapter 54, any regulations which are consistent with protecting the public health and safety and which are necessary to implement the purposes of this chapter and chapters 368v, 369 to 375, inclusive, 378to 381,inclusive, 383to 388,inclusive, 398 and 399;
5248 (4) Adopt, with the advice and assistance of the appropriate board or commission, and in accordance with chapter 54, any regulations which are consistent with protecting the public health and safety and which are necessary to implement the purposes of this chapter and chapters 368v, 369 to 375, inclusive, 378to 381,inclusive, 383to 388,inclusive, 398 and 399;
(B) [Except] Has been found guilty or convicted as a result of an act which constitutesa felony under (i)thelaws ofthisstate, (ii) federallaw, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, except any applicant for licensure as a barber under chapter 386, [or] a hairdresser and cosmetician under chapter 387 [, has been found guilty or convicted as a result of an act which constitutes a felony under (i) the sHB5248laws /of Filethis state, (ii) federal law or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state] or an embalmer and funeral director Public Act No.
62722-88 sHB52482 Fileof 55 Substitute House Bill No.
6275248 laws of this state, (ii) federal law or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state] or an embalmer and funeral director under chapter 385;
(E)Hascommittedanactwhich,iftheapplicantwere(E)Hascommittedanactwhich,iftheapplicantwerelicensed,would licensed,would not conform to the accepted standards of practice of the profession, including, but not limited to, incompetence, negligence, fraud or deceit;
(7) Administer licensing examinations under the supervision of the sHB5248Public /Act File No.
62722-88 sHB52483 Fileof 55 Substitute House Bill No.
6275248 appropriate board or commission;
(A)Uponrequest ofthe personwho filedthecomplaint, providesuch personPublic withAct informationNo. on the status of the complaint;
sHB524822-88 /4 Fileof 55 Substitute House Bill No.
6275248 sHB5248person Filewith No.information on the status of the complaint;
627 (B) Upon request of the person who filed the complaint, provide such person with an opportunity to review, at the department, records compiled as of the date of the request pursuant to any investigation of the complaint, including, but not limited to, the respondent's written response to the complaint, except that such person shall not be entitled to copy such records and the department (i) shall not disclose (I) information concerning a health care professional's referral to, participation in or completion of an assistance program in accordance with sections 19a-12a and 19a-12b, that is confidential pursuant to section 19a-12a, (II) information not related to such person's specific complaint, including, but not limited to, information concerning patients other than such person, or (III) personnel or medical records and similar files the disclosure of which would constitute an invasion of personal privacy pursuant to section 1-210, except for such records or similar files solely related to such person;
and (E) Notify the person who filed the complaint of the final disposition ofPublic suchAct complaintNo. not later than seven business days after such final disposition;
(13)22-88 Perform5 anyof other55 functionSubstitute necessaryHouse toBill the effective operation sHB5248 / File No.
6275248 sHB5248of Filesuch No.complaint not later than seven business days after such final disposition;
627(13) Perform any other function necessary to the effective operation of a board or commission and not specifically vested by statute in the board or commission;
(a) Each board or commission established under chapters 369 to 376, inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the Department of Public Health with respect to professions under its jurisdiction that have no board or commission may take any of the followingPublic actions,Act singlyNo. or in combination, based on conduct that occurred prior or subsequent to the issuance of a permit or a license upon finding the existence of good cause:
22-88 6 of 55 Substitute House Bill No.
5248 following actions, singly or in combination, based on conduct that occurred prior or subsequent to the issuance of a permit or a license upon finding the existence of good cause:
sHB5248(3) /Censure Filea No.practitioner or permittee;
627 sHB5248 File No.
627 (3) Censure a practitioner or permittee;
or (9) Summarily take any action specified in this subsection against a practitioner's license or permit upon receipt of proof that such practitionerPublic hasAct been:No.
(A)22-88 Found7 guilty or convicted as a result of an55 actSubstitute whichHouse constitutesBill a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, except for a practitioner who is a social worker under chapter 383b, an art therapist under chapter 383g, a dietitian-nutritionist under chapter 384b, an embalmer or funeral director under chapter 385, a barber under chapter sHB5248 / File No.
6275248 sHB5248practitioner Filehas No.been:
627(A) Found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, except for a practitioner who is a social worker under chapter 383b, an art therapist under chapter 383g, a dietitian-nutritionist under chapter 384b, an embalmer or funeral director under chapter 385, a barber under chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician or nail technician under chapter 387;
(b) Notwithstanding the provisions of section 20-195n concerning examinations, on or before October 1, 2015, the commissioner may issue a license without examination, to any master social worker applicant whoPublic demonstratesAct toNo. the satisfaction of the commissioner that, on or before October 1, 2013, he or she held a master's degree from a social work program accredited by the Council on Social Work Education or, if educated outside the United States or its territories, completed an educational program deemed equivalent by the council.
22-88 8 of 55 Substitute House Bill No.
5248 who demonstrates to the satisfaction of the commissioner that, on or before October 1, 2013, he or she held a master's degree from a social work program accredited by the Council on Social Work Education or, if educated outside the United States or its territories, completed an educational program deemed equivalent by the council.
Each such applicant shall furnishevidence satisfactory to thecommissioner ofhaving satisfiedthe sHB5248continuing /education Filerequirements No.prescribed in section 20-195u.
627 sHB5248 File No.
627 continuing education requirements prescribed in section 20-195u.
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(3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information provided, suchPublic individualAct isNo. disqualified from receiving or holding a license issued or conferred pursuant to this chapter.
22-88 9 of 55 Substitute House Bill No.
5248 such individual is disqualified from receiving or holding a license issued or conferred pursuant to this chapter.
The commissioner may deny an application of an individual or take any action set forth in section 19a-17, as amended by this act, if the license holder fails to conform to the accepted standards of the social work profession,including,but not limitedto,thefollowing:Conviction sHB5248of /a Filefelony, No.provided any action taken is based upon (1) the nature of the conviction and its relationship to the license holder's ability to safely or competently perform the duties or responsibilities associated with such license, (2) information pertaining to the degree of rehabilitation of the license holder, and (3) the time elapsed since the conviction or release;
627 sHB5248 File No.
627 of a felony, provided any action taken is based upon (1) the nature of the conviction and its relationship to the license holder's ability to safely or competently perform the duties or responsibilities associated with such license, (2) information pertaining to the degree of rehabilitation of the license holder, and (3) the time elapsed since the conviction or release;
Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to said section 19a-17, as amendedPublic byAct thisNo. act.
22-88 10 of 55 Substitute House Bill No.
5248 amended by this act.
The application fee for a professional counselor sHB5248associate /shall Filebe No.two hundred twenty dollars.
627 sHB5248 File No.
627 associate shall be two hundred twenty dollars.
The commissioner shall adopt regulations, in accordance with chapter 54, to (1) define basic requirements for continuing education programs that shall include (A) not less than one contact hour of training or education each registration period on the topic of cultural competency, (B) on and after January 1, 2016, not less than two contact hours of training or education during the first renewal period in which continuing education is required and not less than once every six years thereafter on the topic of mental health conditions common to veterans and family members of veterans, includingPublic (i)Act determiningNo. whether a patient is a veteran or family member ofa veteran, (ii)screening for conditionssuch aspost-traumatic stress disorder, risk of suicide, depression and grief, and (iii) suicide prevention training, and (C) on and after January 1, 2018, not less than three contact hours of training or education each registration period on the topic of professional ethics, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for a waiver of the continuing education requirement for good cause.
22-88 11 of 55 Substitute House Bill No.
5248 including (i) determining whether a patient is a veteran or family member ofa veteran, (ii)screening for conditionssuch aspost-traumatic stress disorder, risk of suicide, depression and grief, and (iii) suicide prevention training, and (C) on and after January 1, 2018, not less than three contact hours of training or education each registration period on the topic of professional ethics, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for a waiver of the continuing education requirement for good cause.
sHB5248(2) /An Fileindividual No.making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner.
627 sHB5248 File No.
627 (2) An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner.
(4) The commissioner is not bound by a determination made under this section, if, upon further investigation,the commissioner determines that the individual's criminal conviction differs from the information presentedPublic inAct theNo. determination request.
22-88 12 of 55 Substitute House Bill No.
5248 presented in the determination request.
(8) wilful falsification of entries in any sHB5248hospital, /patient Fileor No.other record pertaining to professional counseling;
627 sHB5248 File No.
627 hospital, patient or other record pertaining to professional counseling;
Section 20-195ooo of the general statutes is repealed and the followingPublic isAct substitutedNo. in lieu thereof (Effective October 1, 2022):
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5248 following is substituted in lieu thereof (Effective October 1, 2022):
(c) Licenses issued under this section shall be renewed annually sHB5248pursuant /to Filesection No.19a-88.
627 sHB5248 File No.
627 pursuant to section 19a-88.
(d)(1)Anyindividualwhohasbeenconvictedofanycriminaloffense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtainingPublic aAct licenseNo. issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
22-88 14 of 55 Substitute House Bill No.
5248 obtaining a license issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
sHB5248The /Commissioner Fileof No.Public Health may deny an application of an individual or take any disciplinary action set forth in section 19a-17, as amended by this act, against an art therapist for any of the following reasons:
627 sHB5248 File No.
627 The Commissioner of Public Health may deny an application of an individual or take any disciplinary action set forth in section 19a-17, as amended by this act, against an art therapist for any of the following reasons:
(2) conviction of a felony,provided any action taken is based upon (A) the nature of the conviction and its relationship to the license holder's ability to safely or competently practice as an art therapist, (B) information pertaining to the degree of rehabilitation of the license holder,Public and(C)Act thetimeNo. elapsed since theconvictionor release;(3)fraud or deceit in obtaining or seeking reinstatement of a license to practice art therapy;
22-88 15 of 55 Substitute House Bill No.
5248 holder, and(C) thetime elapsed since theconvictionor release;(3)fraud or deceit in obtaining or seeking reinstatement of a license to practice art therapy;
(a) The department may, upon receipt of an application and fee of one hundred ninety dollars, issue a certificate as a dietitian-nutritionist to any applicant who has presented to the commissioner satisfactory evidence that (1) such applicant is certified as a registered dietitian by the Commission on Dietetic Registration, or (2) such applicant has (A) successfully passed a written examination prescribed by the commissioner, and (B) received a master's degree or doctoral degree, from an institution of higher education accredited to grant such degree by a regional accrediting agency recognized by the United States sHB5248Department /of FileEducation, No.with a major course of study which focused primarily on human nutrition or dietetics and which included a minimum of thirty graduate semester credits, twenty-one of which shall be in not fewer than five of the following content areas:
627(i) sHB5248Human Filenutrition or nutrition in the life cycle, (ii) nutrition biochemistry, (iii) Public Act No.
62722-88 Department16 of Education,55 withSubstitute aHouse majorBill courseNo. of study which focused primarily on human nutrition or dietetics and which included a minimum of thirty graduate semester credits, twenty-one of which shall be in not fewer than five of the following content areas:
(i)5248 Human nutrition or nutrition in the life cycle, (ii) nutrition biochemistry, (iii) nutrition assessment, (iv) food composition or food science, (v) health education or nutrition counseling, (vi) nutrition in health and disease, and (vii) community nutrition or public health nutrition.
(4) The department is not bound by a determination made under this section,if, uponfurther investigation,thecommissioner determinesthat sHB5248the /individual's Filecriminal No.conviction differs from the information presented in the determination request.
627Public sHB5248Act File No.
62722-88 the17 individual'sof criminal55 convictionSubstitute differsHouse fromBill theNo. information presented in the determination request.
5248 Sec.
(1) Conviction of a felony, provided any action taken is based upon (A) the natureoftheconvictionanditsrelationshiptothelicenseholder'sability to safely or competently practice as an esthetician, (B) information sHB5248pertaining /to Filethe degree of rehabilitation of the license holder, and (C) Public Act No.
62722-88 sHB524818 Fileof 55 Substitute House Bill No.
6275248 pertaining to the degree of rehabilitation of the license holder, and (C) the time elapsed since the conviction or release;
The commissionerPublic mayAct waiveNo. such fee.
sHB524822-88 /19 Fileof 55 Substitute House Bill No.
6275248 sHB5248commissioner Filemay No.waive such fee.
627 (3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a certificate issued pursuant to this section.
The commissioner may order a license holder to submit to a reasonable physical or mental examinationPublic ifAct hisNo. or her physical or mental capacity to practice safely is the subject of an investigation.
22-88 20 of 55 Substitute House Bill No.
5248 examination if his or her physical or mental capacity to practice safely is the subject of an investigation.
sHB5248The /commissioner Fileshall No.give notice and an opportunity to be heard on any contemplated action under section 19a-17, as amended by this act.
627 sHB5248 File No.
627 The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17, as amended by this act.
(4) The commissioner is not bound by a determination made under thisPublic section,Act if,No. upon further investigation,the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
22-88 21 of 55 Substitute House Bill No.
5248 this section, if, upon further investigation,the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
sHB5248(i) /The FileCommissioner No.of Public Health may deny an application of an individual or take any disciplinary action set forth in section 19a-17, as amended by this act, against a nail technician for failure to conform to the accepted standards of the profession, including, but not limited to:
627 sHB5248 File No.
627 (i) The Commissioner of Public Health may deny an application of an individual or take any disciplinary action set forth in section 19a-17, as amended by this act, against a nail technician for failure to conform to the accepted standards of the profession, including, but not limited to:
(NEW)(k)Public (1)AnyAct individualwho has beenconvicted ofany criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this section based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of sHB5248 / File No.
62722-88 sHB524822 Fileof 55 Substitute House Bill No.
6275248 (NEW)(k) (1)Any individualwho has beenconvicted ofany criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this section based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual.
(a)TheStateBoardofAccountancyshallissueaConnecticutCertified Public Accountant's Certificate to any person who has been granted the designation "certified public accountant" and who submits an applicationPublic andAct paysNo. the applicable fee for an initial certified public accountant certificate.
22-88 23 of 55 Substitute House Bill No.
5248 application and pays the applicable fee for an initial certified public accountant certificate.
(b)(1)Anyindividual whohasbeenconvictedofany criminaloffense may request, at any time, that the board determine whether such individual's criminal conviction disqualifies the individual from sHB5248obtaining /a Filecertificate No.or license issued or conferred by the board pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
627 sHB5248 File No.
627 obtaining a certificate or license issued or conferred by the board pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
(4) The board is not bound by a determination made under this section, if, upon further investigation, the board determines that the individual's criminal conviction differs from the information presented inPublic theAct determinationNo. request.
22-88 24 of 55 Substitute House Bill No.
5248 in the determination request.
[or] place any licensee or sHB5248individual /that Filequalifies No.for the practice privilege on probation, all with or without terms, conditions and limitations;
627 sHB5248 File No.
627 individual that qualifies for the practice privilege on probation, all with or without terms, conditions and limitations;
(4) Revocation, limitation or suspension of the right to practice before any state or federal agency or the Public Company Accounting Oversight Board under the Sarbanes-Oxley Act of 2002, or any of the followingactionstakenbyanysuchstateorfederalagencyorsaidboardPublic againstAct aNo. licensee or individual who qualifies for the practice privilege:
22-88 25 of 55 Substitute House Bill No.
5248 followingactionstakenbyanysuchstateorfederalagencyorsaidboard against a licensee or individual who qualifies for the practice privilege:
(8) (A) Conviction of a felony, provided any action taken is based upon(i) thenature oftheconvictionandits relationshiptorelationship to thecertificate sHB5248or /license Fileholder's No.ability to safely or competently engage in the practice of public accountancy, (ii) information pertaining to the degree of rehabilitation of the certificate or license holder, and (iii) the time elapsed since the conviction or release, or (B) of any crime an element of which is dishonesty or fraud, under the laws of the United States, of this state, or of any other state if the acts involved would have constituted a crime under the laws of this state, subject to the provisions of section 46a-80;
627 sHB5248 File No.
627 or license holder's ability to safely or competently engage in the practice of public accountancy, (ii) information pertaining to the degree of rehabilitation of the certificate or license holder, and (iii) the time elapsed since the conviction or release, or (B) of any crime an element of which is dishonesty or fraud, under the laws of the United States, of this state, or of any other state if the acts involved would have constituted a crime under the laws of this state, subject to the provisions of section 46a-80;
(b)Public InAct lieuNo. of or in addition to any remedy specifically provided in subsection (a) of this section, the board may require a licensee or individual who qualifies for a practice privilege to:
22-88 26 of 55 Substitute House Bill No.
5248 (b) In lieu of or in addition to any remedy specifically provided in subsection (a) of this section, the board may require a licensee or individual who qualifies for a practice privilege to:
Each person who applies to the Department of Consumer Protection for a license under sHB5248the /provisions Fileof No.this chapter shall submit an application, together with evidence of education and training experience as prescribed by the commissioner, in consultation with the board, in regulations adopted in accordance with chapter 54.
627 sHB5248 File No.
627 the provisions of this chapter shall submit an application, together with evidence of education and training experience as prescribed by the commissioner, in consultation with the board, in regulations adopted in accordance with chapter 54.
When the applicant has passed such examination to the satisfaction of a majority of the board or the commissioner and has paid to the department the fees prescribed in section 20-292, the department shall enroll the applicant's name and address in the roster of licensed architectsPublic andAct issueNo. a license to the applicant, which shall entitle the applicant to practice as an architect in this state.
22-88 27 of 55 Substitute House Bill No.
5248 architects and issue a license to the applicant, which shall entitle the applicant to practice as an architect in this state.
(3) Not later than thirty days after receiving a request under this sHB5248subsection, /the Filecommissioner No.shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a certificate or license issued pursuant to this chapter.
627 sHB5248 File No.
627 subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a certificate or license issued pursuant to this chapter.
The Commissioner of Consumer Protection or the board may suspendPublic forAct aNo. definite period, not to exceed one year, or revoke any license or certificate of authority issued under this chapter, after notice and hearing in accordance with the regulations adopted by the Commissioner of Consumer Protection, or may officially censure any person holding any such license or certificate of authority and may assess a civil penalty of up to one thousand dollars per violation, (1) if it is shown that the license or certificate was obtained through fraud or misrepresentation, (2) if the holder of the license or certificate has been found guilty by the board, the commissioner or by a court of competent jurisdiction of any fraud or deceit in such holder's professional practice or has been convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the certificate or license holder'sability to safelyor competently performthe duties or responsibilities with such license or certificate, (B) information pertaining to the degree of rehabilitation of the certificate or license holder, and (C) the time elapsed since the conviction or release, (3) if the holder of the license or certificate has been found guilty by the board or the commissioner of gross incompetency or of negligence in the planning or construction of buildings, or (4) if it is shown to the satisfaction of the board or the commissioner that the holder of the license or certificate has violated any provision of this chapter or any regulation adopted under this chapter.
Any22-88 such28 suspensionof or55 sHB5248Substitute /House FileBill No.
6275248 sHB5248suspend Filefor No.a definite period, not to exceed one year, or revoke any license or certificate of authority issued under this chapter, after notice and hearing in accordance with the regulations adopted by the Commissioner of Consumer Protection, or may officially censure any person holding any such license or certificate of authority and may assess a civil penalty of up to one thousand dollars per violation, (1) if it is shown that the license or certificate was obtained through fraud or misrepresentation, (2) if the holder of the license or certificate has been found guilty by the board, the commissioner or by a court of competent jurisdiction of any fraud or deceit in such holder's professional practice or has been convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the certificate or license holder'sability to safelyor competently performthe duties or responsibilities with such license or certificate, (B) information pertaining to the degree of rehabilitation of the certificate or license holder, and (C) the time elapsed since the conviction or release, (3) if the holder of the license or certificate has been found guilty by the board or the commissioner of gross incompetency or of negligence in the planning or construction of buildings, or (4) if it is shown to the satisfaction of the board or the commissioner that the holder of the license or certificate has violated any provision of this chapter or any regulation adopted under this chapter.
627Any such suspension or revocation of a license or certificate by the board shall be a proposed finaldecisionandsubmittedto thecommissioner inaccordance withthe provisions of subsection (b) of section 21a-7.
(a)Public NoAct personNo. shall engage in, practice or offer to perform the work of any occupation subject to this chapter in this state, including offering to perform such work in any print, electronic, television or radio advertising or listing, unless such person has first obtained a license as provided in section 20-333, or possesses a card of registration from the Labor Department or the board and is subject to all of the regulations adopted under this chapter for the purpose ofgoverning apprenticeship training, or has been issued a license for such particular work under this chapter prior to July 6, 1967.
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5248 (a) No person shall engage in, practice or offer to perform the work of any occupation subject to this chapter in this state, including offering to perform such work in any print, electronic, television or radio advertising or listing, unless such person has first obtained a license as provided in section 20-333, or possesses a card of registration from the Labor Department or the board and is subject to all of the regulations adopted under this chapter for the purpose ofgoverning apprenticeship training, or has been issued a license for such particular work under this chapter prior to July 6, 1967.
The department shall keep a register inwhich shallbeenteredthenamesofallpersonstoshallbeentered thenamesofallpersonsto whomsuchlicenses are issued.
sHB5248(c) /The FileCommissioner of Consumer Protection and each board established under section 20-331 may deny, suspend or revoke any license or certificate granted or issued by it under this chapter if the holder of such license or certificate (1) is convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the license or certificate holder's ability to safely or competently perform the duties or responsibilities associated with such Public Act No.
62722-88 sHB524830 Fileof 55 Substitute House Bill No.
6275248 (c) The Commissioner of Consumer Protection and each board established under section 20-331 may deny, suspend or revoke any license or certificate granted or issued by it under this chapter if the holder of such license or certificate (1) is convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the license or certificate holder's ability to safely or competently perform the duties or responsibilities associated with such license or certificate, (B) information pertaining to the degree of rehabilitationofthelicenseorcertificateholder,and(C)thetimeelapsed since the conviction or release, (2) is grossly incompetent, (3) engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations regarding his or her work, or (4) violates the regulations adopted under this chapter.
(2) An individual making such request shall include (A) details of the sHB5248individual's /criminal Fileconviction, No.and (B) any payment required by the commissioner.
627 sHB5248 File No.
627 individual's criminal conviction, and (B) any payment required by the commissioner.
(3)Public NotAct laterNo. than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license or certificate issued pursuant to this chapter.
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5248 (3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license or certificate issued pursuant to this chapter.
(b) No person shall engage in or offer to perform the work of any major contractor in this state on any proposed structure or existing structure or addition that exceeds the threshold limits contained in section 29-276b unless such person has first obtained a license or certificate ofregistrationasrequiredunder thetheprovisionsofchapter provisionsofchapter 539 or a registration from the Department of Consumer Protection in accordance with the provisions of this section.
Individuals licensed sHB5248under /chapter File393 No.shall be exempt from the provisions of this chapter while engaging in work that they are licensed to perform.
627The sHB5248Public FileAct No.
62722-88 under32 chapter 393 shall be exempt from the provisions of this55 chapterSubstitute whileHouse engagingBill inNo. work that they are licensed to perform.
The5248 department shall issue a certificate of registration to any person who is prequalified pursuant to section 4a-100 who applies for registration in accordance with this section.
The department may deny, suspend or revoke any registration issued by the department if the holder of such registration (1) is convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the registration holder's ability to safely or competently perform the work under such registration, (B) information pertaining to the degree of rehabilitation of the registration holder, and (C) the time elapsed since the conviction or release,(2)isgrosslyincompetent, (3)isdisqualified,pursuanttosection 4a-100 or whose prequalification certificate has been revoked pursuant to section 4a-100, (4) engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations sHB5248Public /Act File No.
62722-88 sHB524833 Fileof 55 Substitute House Bill No.
6275248 regarding his work, or (5) violates any regulation adopted under subsection (c) of this section.
(d)(1)Anyindividualwhohasbeenconvictedofanycriminaloffense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining registration issued or conferred by the commissioner pursuant to this section based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionand(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual. orreleaseoftheindividual.
(3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such requestPublic whether,Act based on the criminal record information submitted, such individual is disqualified from receiving or holding a registration sHB5248 / File No.
62722-88 sHB524834 Fileof 55 Substitute House Bill No.
6275248 request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a registration issued pursuant to this section.
(b)(1)Anyindividual whohasbeenconvictedofany criminaloffense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner under this chapterPublic basedAct on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to thedegreeofrehabilitationoftheindividual,and(C)thetime elapsed sHB5248 / File No.
62722-88 sHB524835 Fileof 55 Substitute House Bill No.
6275248 chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to thedegreeofrehabilitationoftheindividual,and(C)thetime elapsed since the conviction or release of the individual.
(3) has violated any provision of this chapter or any regulation adoptedPublic underAct thisNo. chapter;
(4)22-88 has36 been found guilty or convicted as a result of an55 actSubstitute whichHouse constitutesBill a felony under (A) the laws of this state, (B) federal law, or (C) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, provided any action taken is based upon (i) the nature of the conviction and its relationship to the applicant's or license holder's ability to safely or competently perform the work under such sHB5248 / File No.
6275248 sHB5248adopted Fileunder No.this chapter;
627(4) has been found guilty or convicted as a result of an act which constitutes a felony under (A) the laws of this state, (B) federal law, or (C) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, provided any action taken is based upon (i) the nature of the conviction and its relationship to the applicant's or license holder's ability to safely or competently perform the work under such license, (ii) information pertaining to the degree of rehabilitation of the license, and (iii) the time elapsed since the conviction or release;
(2) fraud or deceit in the practice of such person'sPublic orAct entity'sNo. profession;
22-88 37 of 55 Substitute House Bill No.
5248 person's or entity's profession;
Notice of any contemplated action under section 19a-17, as amended by this act, the cause of action and the date of a hearing on the action shall be given and an opportunity for hearing afforded in accordance with sHB5248the /provisions Fileof No.chapter 54.
627 sHB5248 File No.
627 the provisions of chapter 54.
(4)Public TheAct commissionerNo. is not bound by a determination made under this section, if, upon further investigation,the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
22-88 38 of 55 Substitute House Bill No.
5248 (4) The commissioner is not bound by a determination made under this section, if, upon further investigation, the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
(a) On and after the effective date of regulations adopted pursuant to section 20-478, no entity shall hold itself out as a lead abatement contractor or leadconsultant contractor,or to principally engage in such work in this state without a license issued by the Commissioner of sHB5248Public /Health. File No.
627 sHB5248 File No.
627 Public Health.
(b)(1)Anyindividual whohasbeenconvictedofany criminaloffense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtainingPublic aAct licenseNo. or certificate issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual.
22-88 39 of 55 Substitute House Bill No.
5248 obtaining a license or certificate issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual.
sHB5248(3) /Not Filelater No.than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license issued by the department pursuant to this chapter.
627 sHB5248 File No.
627 (3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license issued by the department pursuant to this chapter.
(a) The department may deny an application of an individual or take any action set forth in section 19a-17, as amended by this act, against a person or entity issued a license or certificate pursuant to sections 20- 474 to 20-482, inclusive, and subsections (e) and (f) of section 19a-88 for reasons including, but not limited to, the following:
Conviction of a felony, provided any action taken is based upon (1) the nature of the convictionanditsrelationshiptoPublic thelicenseAct orNo. certificate holder'sability to safely or competently perform the work under such license or certificate, (2) information pertaining to the degree of rehabilitation of the license or certificate holder, and (3) the time elapsed since the conviction or release;
22-88 40 of 55 Substitute House Bill No.
5248 convictionanditsrelationshipto thelicense or certificate holder'sability to safely or competently perform the work under such license or certificate, (2) information pertaining to the degree of rehabilitation of the license or certificate holder, and (3) the time elapsed since the conviction or release;
sHB5248Sec. / File No.
627 sHB5248 File No.
627 Sec.
Prior to such suspension or revocation, such holder shall be given notice and an opportunity for hearing as provided in regulationsPublic adoptedAct byNo. the Commissioner of Consumer Protection.Any person whose certificate has been suspended may, after ninety days, apply to the department to have such certificate reinstated.
22-88 41 of 55 Substitute House Bill No.
5248 regulations adopted by the Commissioner of Consumer Protection.Any person whose certificate has been suspended may, after ninety days, apply to the department to have such certificate reinstated.
(2) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such sHB5248request /whether, Filebased No.on the criminal record information submitted, such individual is disqualified from receiving or holding a license or certificate issued pursuant to this section.
627 sHB5248 File No.
627 request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license or certificate issued pursuant to this section.
(1)Public ViolationAct ofNo. any provision of this chapter, as amended, or any regulation, permit, certificate,registration or order adopted, administered or issued pursuant thereto;
22-88 42 of 55 Substitute House Bill No.
5248 (1) Violation of any provision of this chapter, as amended, or any regulation, permit, certificate, registration or order adopted, administered or issued pursuant thereto;
sHB5248(7)Applicationofapesticideinafaulty,carelessornegligentmanner; / File No.
627 sHB5248 File No.
627 (7)Applicationofapesticideinafaulty,carelessornegligentmanner;
(10) The performance of work, whether or not for compensation, in a categoryPublic forAct whichNo. the applicator is not certified;
and22-88 (11)43 The conviction of the55 applicantSubstitute orHouse ownerBill ofNo. a pesticide application business of a felony, as defined in section 53a-25, provided any action taken is based upon (A) the nature of the conviction and its relationshipto the applicant'sor owner'sability to safely or competently perform the work under such registration, (B) information pertaining to the degree of rehabilitation of the applicant or owner, and (C) the time elapsed since the conviction or release.
5248 category for which the applicator is not certified;
and (11) The conviction of the applicant or owner of a pesticide application business of a felony, as defined in section 53a-25, provided any action taken is based upon (A) the nature of the conviction and its relationship to theapplicant'sor owner'sability to safely or competently perform the work under such registration, (B) information pertaining to the degree of rehabilitation of the applicant or owner, and (C) the time elapsed since the conviction or release.
(d)(1)Anyindividualwhohasbeenconvictedofanycriminaloffense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining registration issued or conferred by the commissioner sHB5248pursuant /to Filethis No.chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
627 sHB5248 File No.
627 pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
The commissionerPublic mayAct waiveNo. such fee.
22-88 44 of 55 Substitute House Bill No.
5248 commissioner may waive such fee.
sHB5248(b) /The Filecommissioner No.may revoke or suspend a certificate of registration in accordance with the provisions of subsection (c) of this section and section 4-182.
627 sHB5248 File No.
627 (b) The commissioner may revoke or suspend a certificate of registration in accordance with the provisions of subsection (c) of this section and section 4-182.
(1)Public ViolationAct ofNo. any provision of this chapter or chapter 441 or any regulation, permit, certificate, registration or order adopted, issued or administered or issued pursuant to this chapter and chapter 441;
22-88 45 of 55 Substitute House Bill No.
5248 (1) Violation of any provision of this chapter or chapter 441 or any regulation, permit, certificate, registration or order adopted, issued or administered or issued pursuant to this chapter and chapter 441;
(3) Inclusion of false or misleading information in records required to bemaintainedbe maintained pursuant to section23-61k,orthefailure to maintainsuch records or provide the commissioner with the records required by section 23-61k;
sHB5248(9) /The Filemaking No.of a false or misleading statement during an inspection or investigation concerning an infestation of pests, an accident in applying a pesticide, misuse of a pesticide, or violation of a statute, regulation, certificate, registration or order;
627Public sHB5248Act File No.
62722-88 (9)46 The making of a55 falseSubstitute orHouse misleadingBill statementNo. during an inspection or investigation concerning an infestation of pests, an accident in applying a pesticide, misuse of a pesticide, or violation of a statute, regulation, certificate, registration or order;
5248 (10) The performance of arboriculture which does not meet generally accepted industry standards;
(f) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtainingacertificateissuedorconferredbythecommissionerpursuant to this section based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, sHB5248and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual. / File No.
627(2) sHB5248An Fileindividual making such request shall include (A) details of the Public Act No.
62722-88 and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.47 of 55 Substitute House Bill No.
(2)5248 An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner.
If the applicant is a corporation, association or partnership, the person filing the application on behalf of such corporation, association or partnership shall meet the qualifications set forth in this section for an individual applicant, and shall be an officer of such corporation or member of such association or sHB5248Public /Act File No.
62722-88 sHB524848 Fileof 55 Substitute House Bill No.
6275248 partnership.
(2)Public AnAct individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the sHB5248 / File No.
62722-88 sHB524849 Fileof 55 Substitute House Bill No.
6275248 (2) An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner.
Any license or registration issued under the provisions of sections 29- 153 to 29-161, inclusive, may be suspended or revoked by the commissioner, after giving notice and an opportunity to be heard to the licensee or registrant when the commissioner finds that the licensee or registrant has:
(1) Violated any of the terms or provisions of sections 29- 153 to 29-161, inclusive, or any of the regulations adopted thereunder;
or (5) been convicted of a felony or other crime involving moralturpitude, providedany actiontakenisbasedupon(A)thenature of the conviction and its relationship to the licensee's or registrant's abilityPublic toAct safelyNo. or competently perform the work under such license or registration, (B) information pertaining to the degree of rehabilitation of the licensee or registrant, and (C) the time elapsed since the conviction or release.
If22-88 the50 licenseeof or55 registrantSubstitute hasHouse beenBill convicted under section sHB5248 / File No.
6275248 sHB5248ability Fileto No.safely or competently perform the work under such license or registration, (B) information pertaining to the degree of rehabilitation of the licensee or registrant, and (C) the time elapsed since the conviction or release.
627If the licensee or registrant has been convicted under section 53a-61 or 53a-62, the commissioner shall consider the facts and circumstances surrounding such conviction prior to suspending or revoking the license or registration.
or (5) the licensee or instructor has been convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the licensee's or instructor's ability to safely or competently perform the work under such license or approval, (B) information pertaining to the degree of rehabilitation of the licensee or instructor, and (C) the time elapsedPublic sinceAct theNo. conviction or release or [other] a crime affecting the licensee's or instructor's honesty [,] or integrity.
22-88 51 of 55 Substitute House Bill No.
5248 elapsed since the conviction or release or [other] a crime affecting the licensee's or instructor's honesty [,] or integrity.
sHB5248(b)(1)Anyindividual /whohas Filebeenconvictedofany No.criminaloffense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
627 sHB5248 File No.
627 (b)(1)Anyindividual whohas beenconvictedofany criminaloffense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
Sec.Public Act No.
22-88 52 of 55 Substitute House Bill No.
5248 Sec.
(2) that the applicant or permittee has been provided with funds by any wholesaler or manufacturer or has any forbidden connection with any sHB5248other /classofpermittee Fileasprovidedinthis No.chapter;(3)that theapplicant or permittee isinthehabit ofusing alcoholic beveragesto excess;(4)that the applicant or permittee has wilfully made any false statement to the department in a material matter;
627 sHB5248 File No.
627 other classofpermittee asprovidedinthis chapter;(3)that theapplicant or permittee isinthehabit ofusing alcoholic beveragesto excess;(4)that the applicant or permittee has wilfully made any false statement to the department in a material matter;
(b) The Commissioner of Consumer Protection may, in his or her discretion,Public requireAct aNo. permittee who has had his or her permit for the sale of alcoholic liquor suspended or revoked pursuant to subsection (a) of this section to have such permittee's employees participate in an alcohol seller and server training program approved by the commissioner.
22-88 53 of 55 Substitute House Bill No.
5248 discretion, require a permittee who has had his or her permit for the sale of alcoholic liquor suspended or revoked pursuant to subsection (a) of this section to have such permittee's employees participate in an alcohol seller and server training program approved by the commissioner.
(d)(1)Anyindividualwhohasbeenconvictedofanycriminaloffense sHB5248may /request, Fileat No.any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a permit issued or conferred by the department pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such permit, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
627 sHB5248 File No.
627 may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a permit issued or conferred by the department pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such permit, (B) information pertaining to the degree of rehabilitation of the individual, and(C)thetimeelapsedsincetheconvictionorreleaseoftheindividual.
(4)Public TheAct commissionerNo. is not bound by a determination made under this section, if, upon further investigation,the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
This22-88 act54 shallof take55 effectSubstitute asHouse followsBill andNo. shall amend the following sections:
Section5248 1(4) OctoberThe 1,commissioner 2022is 19a-14(a)not Sec.bound by a determination made under this section, if, upon further investigation,the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
2Approved OctoberMay 1,24, 2022 19a-17(a)Public Sec.Act No.
322-88 October55 1,of 202255 20-195o Sec.
4 October 1, 2022 20-195p Sec.
5 October 1, 2022 20-195cc Sec.
6 October 1, 2022 20-195ee Sec.
7 October 1, 2022 20-195ooo Sec.
8 October 1, 2022 20-195qqq Sec.
9 October 1, 2022 20-206n sHB5248 / File No.
627 sHB5248 File No.
627 Sec.
10 October 1, 2022 20-206s Sec.
11 October 1, 2022 20-265b(i) Sec.
12 October 1, 2022 20-265b Sec.
13 October 1, 2022 20-265c(i) Sec.
14 October 1, 2022 20-265c Sec.
15 October 1, 2022 20-265d(i) Sec.
16 October 1, 2022 20-265d Sec.
17 October 1, 2022 20-280e Sec.
18 October 1, 2022 20-281a Sec.
19 October 1, 2022 20-291 Sec.
20 October 1, 2022 20-294 Sec.
21 October 1, 2022 20-334 Sec.
22 October 1, 2022 20-341gg October 1, 2022 Sec.
23 20-361 Sec.
24 October 1, 2022 20-363 Sec.
25 October 1, 2022 20-442a Sec.
26 October 1, 2022 20-475 Sec.
27 October 1, 2022 20-481 Sec.
28 October 1, 2022 20-540(i) Sec.
29 October 1, 2022 20-540 October 1, 2022 Sec.
30 22a-66e Sec.
31 October 1, 2022 23-61i Sec.
32 October 1, 2022 29-154a Sec.
33 October 1, 2022 29-158 Sec.
34 October 1, 2022 29-161v Sec.
35 October 1, 2022 30-47 sHB5248 / File No.
627 sHB5248 File No.
627 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 23 $ FY 24 $ Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:
GF=General Fund Municipal Impact:
None Explanation The bill results in a potential revenue gain from licensing fees by limiting circumstances in which a person's occupational license can be denied, revoked, or suspended.
The bill also allows an individual convicted of a criminal offense to request in writing if the conviction disqualifies them from obtaining a license and allows Commissioners to charge up to a $15 fee for this service.
To the extent individuals request this service and a fee is charged, this results in a potential revenue gain to the state.
House "A" strikes the underlying bill and its associated fiscal impact resulting in the impact described above.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of occupational licenses that haven't been revoked, denied, or suspended and the number of request fees paid to Commissioners.
sHB5248 / File No.
627 53 sHB5248 File No.
627 OLR Bill Analysis sHB 5248 (as amended by House "A")* AN ACT CONCERNING COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTIONS ON OCCUPATIONAL LICENSING.
SUMMARY This bill limits the circumstances under which various agencies, boards, and commissions that issue occupational licenses (including certificates and permits) may take certain actions against a practitioner because the practitioner was found guilty or convicted of a felony (e.g., denying, revoking, or suspending a license).
More specifically, it only allows them to do so if the decision is based on (1) the nature of the convictionanditsrelationshipto the practitioner’sability to performthe occupation’s duties or responsibilities safely or competently, (2) information about the practitioner’s degree of rehabilitation, and (3) the time passed since the conviction or release.
The bill also creates a process for individuals who were convicted of a crime to findout whether their convictionwoulddisqualify themfrom practicing these occupations.
To do so, they generally must provide information about the conviction to the relevant licensing entity, which must respond within 30 days.
For certain occupations, the bill also prohibits the relevant licensing entities from taking certain disciplinary actions summarily (immediately) upon learning that a practitioner was found guilty or convicted of a felony (§ 2).
The law generally authorizes the Department of Health (DPH) to deny an occupational permit or license for an applicant who has been found guilty or convicted of a felony (in Connecticut, under federal law, or in any other jurisdiction if it would have been a felony in sHB5248 / File No.
627 54 sHB5248 File No.
627 Connecticut).
Under current law, however, DPH cannot do this for barbers, hairdressers, or cosmeticians.
The bill broadens this exception to also cover licenses for embalmers and funeral directors (§ 1).
*House Amendment “A” replaces the underlying bill (File 379).
It (1) adds the provision that creates a process for individuals to find out if their conviction disqualifies them from practicing an occupation, (2) generally broadens theavailable disciplinary actions to include denying a license or credential, and (3) requires that disciplinary actions for a felony conviction meet the three-part criteria.
EFFECTIVE DATE:
October 1, 2022 LICENSE DENIALS AND OTHER DISCIPLINARY ACTIONS FOR CONVICTIONS Current law allows the various occupational licensing boards or commissions and state agencies to take certain disciplinary actions against a practitioner who was convicted of a felony, or for certain other reasonsthat may varydepending ontheoccupation(e.g., failure to meet professionalstandards;
fraud).Depending ontheoccupation,these may include revoking or suspending a license or permit, censuring or reprimanding the practitioner, limiting or restricting the practitioner’s practice, placing the practitioner on probationary status, or assessing a civil penalty.
The bill generally adds denying a license, certificate, or permit to the types of disciplinary actions that these licensing entities may take.
(In some instances, existing law already allows for a denial.) But if the action is taken because of a practitioner’s conviction of a felony, the bill requires that it be based on (1) the nature of the conviction and its relationship to the practitioner’s ability to perform the associated duties or responsibilities safely or competently, (2) information about practitioner’s degree of rehabilitation, and (3) the time passed since the conviction or release.
These criteria generally align with a similar provision in the state’s anti-discrimination law (see BACKGROUND).
Table 1 shows the occupations to which these bill provisions apply.
sHB5248 / File No.
627 55 sHB5248 File No.
627 Below the table is additional information about the bill’s differences for licensing architects;
private detectives, detective businesses, and investigators;andsecurityservices,securityofficers,andsecurityofficer instructors.
Table 1:
Occupations with Disciplinary Actions Limited by the Bill Bill Statutes Occupation Sections (CGS §) 3-4 20-195o Clinical social worker and master social worker 20-195p 5-6 20-195cc Professional counselor 20-195ee 7-8 20-195ooo Art therapist 20-195qqq 9-10 20-206n Dietician-nutritionist 20-206s 11-12 20-265b Esthetician 13-14 20-265c Eyelash technician 15-16 20-265d Nail technician 17-18 20-280e Public accountant 20-281a 19-20 20-291 Architect 20-294 20-334 Tradesperson in electrical;
plumbing and piping;
solar;
heating, piping, cooling, and sheet metal;
fire protection sprinkler systems;
elevator installation, repair, and maintenance;
irrigation;
automotive glass;
flat glass;
or gas hearth work field Residential stair lift technician;
swimming pool builder (and other occupations covered by Chapter 393) 20-341gg Major contractor 23-24 20-361 Sanitarian* 20-363 sHB5248 / File No.
627 sHB5248 File No.
627 20-442a Asbestos contractor and consultant 26-27 20-475 Lead abatement consultant, contractor, and worker 20-481 28-29 20-540 Public service gas technician 22a-66e Pesticide application business* 23-61i Arborist business* 32-33 29-154a Private detective, detective business, or investigator 29-158 29-161v Security service, security officer, or security officer instructor 30-47 Liquor permittee* *Current law already allows license denial as a disciplinary action Architects (§§ 19-20) Neither current law nor the bill explicitly allows denying an architect license as a disciplinary action.
The bill’s limits only apply to license suspensions or revocations, censures, and civil penalties imposed due to a felony conviction.
Private Detective, Detective Business, or Investigator (§§ 32-33) Existing law, unchanged by the bill, prohibits issuing these licenses to individuals convicted of any felony or certain specified misdemeanors.
The bill’s limits only apply to suspending or revoking these licenses when the Department of Emergency Services and Public Protection (DESPP) commissioner finds that the licensee or registrant has been convicted of a felony or other crime involving moral turpitude.
Security Service, Security Officer, or Security Officer Instructors (§ 34) Neither current law nor the bill explicitly allows denying these licenses as a disciplinary action.
The bill’s limits only apply to these license suspensions or revocations when the DESPP commissioner finds that the licensee or instructor has been convicted of a felony.
Current law also allows these licenses to be suspended or revoked if sHB5248 / File No.
627 sHB5248 File No.
627 the licensee is convicted of a crime affecting the licensee’s honesty, integrity, or moral fitness.
The bill removes crimes affecting the licensee’s moral fitness from the types of crimes for which the license may be suspended or revoked.
PROCESS TO LEARN ABOUT DISQUALIFICATION For all of the occupations listed in Table 1 above, the bill creates a process through which people who were convicted of a crime can learn whether their conviction would disqualify them from attaining the relevant license, certificate, or permit.
Under the bill, anyone convicted of a crime may ask the relevant licensing authority at any time to determine whether the conviction disqualifies him or her from obtaining the applicable license based on (1)thenature oftheconvictionanditsrelationshipto theperson'sability to perform the associated duties or responsibilities safely or competently, (2)informationabout theperson’sdegreeofrehabilitation, and (3) the time elapsed since the person’s conviction or release.
The person must include details about the conviction and any required payment.
The bill allows the licensing entities to charge a fee of up to $15 per request, which may be waived.
The applicable licensing entity must respond within 30 days after receiving the request and inform the person whether, based on the criminal record information submitted, he or she is disqualified from receiving or holding the relevant license, permit, or certificate.
The bill specifies that the licensing entity is not bound by its determination if, upon further investigation, it determines that the person's conviction differs from the information presented in the determination request.
IMMEDIATE DISCIPLINARY ACTIONS Current law allows various occupational licensing boards or commissions and DPH to take certain actions against a practitioner summarily if they receive proof that the practitioner was found guilty sHB5248 / File No.
627 58 sHB5248 File No.
627 or convicted of a felony.
These disciplinary actions include summarily revoking or suspending a license or permit, censuring or reprimanding the practitioner, limiting or restricting the practitioner’s practice, placing the practitioner on probationary status, and assessing a civil penalty up to $25,000.
Under the bill, these disciplinary actions cannot be taken summarily against licensed clinical social workers and master social workers, art therapists, dietician-nutritionists, embalmers or funeral directors, barbers, hairdressers, cosmeticians, estheticians, eyelash technicians, or nail technicians who were found guilty or convicted of a felony.
BACKGROUND Anti-discrimination Law The state’s anti-discrimination law generally prohibits someone from being disqualified to practice any occupationthat requiresastate-issued license solely because of a prior criminal conviction.
However, such a person may be denied a license after considering (1) the nature of the crime and its relationship to the job;
(2) information about the person’s degree of rehabilitation;
and (3) the time elapsed since the conviction or release (CGS § 46a-80).
COMMITTEE ACTION Labor and Public Employees Committee Joint Favorable Yea 13 Nay 0 (03/24/2022) sHB5248 / File No.
627 59
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View plain text versions (5)
- Chaptered Public Act No. 22-88 Current pdf
- File No. 627 View text pdf
- File No. 379 View text pdf
- LAB Joint Favorable View text pdf
- Raised Bill View text pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill amends existing law regarding the powers and duties of the Department of Public Health in relation to occupational licensing by changing the criteria under which an applicant may be denied eligibility for licensure based on criminal convictions.
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Section 19a-14
Except Has been found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, except any applicant for licensure as a barber under chapter 386, or a hairdresser and cosmetician under chapter 387, has been found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state→ Has been found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, or an embalmer and funeral director under chapter 385The bill clarifies the conditions under which applicants for certain occupational licenses may be disqualified based on felony convictions.
Action History
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SIGNED BY GOVERNOR
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TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
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TRANSMITTED TO SECRETARY OF THE STATE
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PUBLIC ACT 22-88
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IN CONCURRENCE
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SEN. PASSED, HO. AMEND. SCH. A
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SEN. ADOPTED HO. AMEND. SCH. A
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FILE NO. 627
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SENATE CALENDAR NUMBER 455
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FAV. RPT., TAB. FOR CAL., SEN.
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HOUSE PASSED, HOUSE AMEND. SCH. A
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HOUSE ADOPTED HOUSE AMEND. SCH. A
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FILE NO. 379
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HOUSE CALENDAR NUMBER 271
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/11/22
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0303
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REF. TO JOINT COMM. ON Labor and Public Employees
Sponsors
- Joshua M. Hall · Primary
- Larry B. Butler · Primary
- Robyn A. Porter · Primary
- Matt Blumenthal · Primary
- Jillian Gilchrest · Primary
- Anthony L. Nolan · Primary
- Patricia A. Dillon · Primary
- Jeff Currey · Primary
- Travis Simms · Primary
- Josh Elliott · Primary
- Jason Rojas · Primary
- Bobby G. Gibson · Primary
- Matthew Ritter · Primary
- Anne M. Hughes · Primary
- David Michel · Primary
- Charlie L. Stallworth · Primary
- Michael A. Winkler · Primary
- Saud Anwar · Primary
- Maryam Khan · Primary
- Frank Smith · Primary
- Andre F. Baker · Primary
- James Sanchez · Primary
- Christopher Rosario · Primary
- Robin E. Comey · Primary
- Corey P. Paris · Primary
- Hubert D. Delany · Primary
- R. Sanchez · Primary
Sponsorship breakdown
Export CSV (upgrade) →27 sponsors · 0 co-sponsors · 160 not signed on
Sponsors (27)
- Joshua M. Hall Democratic
- Larry B. Butler Democratic
- Porter, Robyn A.
- Matt Blumenthal Democratic
- Jillian Gilchrest Democratic
- Anthony L. Nolan Democratic
- Patricia A. Dillon Democratic
- Currey, Jeff
- Travis Simms Democratic
- Josh Elliott Democratic
- Jason Rojas Democratic
- Bobby G. Gibson Democratic
- Matthew Ritter Democratic
- Anne M. Hughes Democratic
- Michel, David
- Stallworth, Charlie L.
- Winkler, Michael A.
- Saud Anwar Democratic
- Maryam Khan Democratic
- Frank Smith Democratic
- Andre F. Baker Democratic
- James Sanchez Democratic
- Christopher Rosario Democratic
- Robin E. Comey Democratic
- Corey P. Paris Democratic
- Hubert D. Delany Democratic
- Sanchez, R.
Co-sponsors (0)
None.
Not signed on (160)
160 members have not signed on to this bill.
Show all 160 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 5248?
- HB 5248 is sponsored by Joshua M. Hall (Democratic), Larry B. Butler (Democratic), Porter, Robyn A., Matt Blumenthal (Democratic), Jillian Gilchrest (Democratic), Anthony L. Nolan (Democratic), Patricia A. Dillon (Democratic), Currey, Jeff, Travis Simms (Democratic), Josh Elliott (Democratic), Jason Rojas (Democratic), Bobby G. Gibson (Democratic), Matthew Ritter (Democratic), Anne M. Hughes (Democratic), Michel, David, Stallworth, Charlie L., Winkler, Michael A., Saud Anwar (Democratic), Maryam Khan (Democratic), Frank Smith (Democratic), Andre F. Baker (Democratic), James Sanchez (Democratic), Christopher Rosario (Democratic), Robin E. Comey (Democratic), Corey P. Paris (Democratic), Hubert D. Delany (Democratic), and Sanchez, R..
- What is the current status of HB 5248?
- This bill has been enacted into law. Introduced February 24, 2022. Enacted.
- Where can I track HB 5248?
- Track HB 5248 free on One Click Politics — get push/email alerts when it moves.
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