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Purpose:


To define general denials for Cosmetology Instructors Network Certification Exam Candidates based on felony convictions.


Policy:


General Denial


Certification of individuals convicted of certain crimes presents an unreasonable risk to public health and safety. Thus, applications for certification by individuals convicted of the following crimes will be denied in all cases.


  1. Felonies involving sexual misconduct where the victim’s failure to affirmatively consent is an element of the crime, such as forcible rape.
  2. Felonies involving the sexual or physical abuse of children, the elderly, or the infirm, such as sexual misconduct with a child, making or distributing child pornography or using a child in a sexual display, incest involving a child, or assault on an elderly or infirm person.



Presumptive Denial


Applications for certification by individuals in the following categories will be denied except in extraordinary circumstances and then will be granted only if the applicant establishes by clear and convincing evidence that certification will not jeopardize public health and safety.


  1. Applications for certification by individuals who have been convicted of any crime and who are currently incarcerated, on work release, on probation, or parole.
  2. Application for certification by individuals convicted of crimes in the following categories unless at least five years have passed since the conviction OR five years have passed since release from custodial confinement whichever occurs later.
     
  3. Serious crimes of violence against persons, such as assault or battery with a dangerous weapon, aggravated assault and battery, murder or attempted murder, manslaughter except involuntary manslaughter, kidnapping, robbery of any degree; or arson.
  4. Serious crimes against property, such as grand larceny, burglary, or embezzlement
  5. Any other crime involving sexual misconduct.


Discretionary Denial


Applications for certification by individuals convicted of any crimes including




Procedure:


Candidates who meet any or all of the criteria above shall be denied access to the Cosmetology Instructors Network Certification Exam.