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Provisional Denial

What Crimes May Be Grounds for Provisional Denial?

All licensing boards within BPOA have the authority, under the Criminal History Record Information Act (18 Pa. C.S.A. §9124), to deny a license or discipline a licensee based on a felony conviction. The board may also deny a license based on a misdemeanor conviction, if that misdemeanor relates to the profession.

Just because grounds exist for provisional denial, that does NOT mean the applicant will be denied licensure.

When reviewing all the application materials that have been submitted, among the things the board takes into consideration are:

  • The seriousness of the crime(s);
  • The date of the crime(s);
  • The age of the person at the time of commission of the crime(s);
  • The age(s) of the victim(s) of the crime (if applicable);
  • The circumstances, if known, surrounding the commission of the crime(s);
  • The relationship between the criminal conduct and the applicant’s prospective duties as a licensee;
  • The prison, jail, probation, parole, rehabilitation and employment records of the applicant since the commission of the crime(s); and
  • Any affidavits or other written documents, including character references provided on the applicant’sbehalf.

Provisional Denial Process

If the board provisionally denies an application, the applicant will receive a letter in the mail that provides the legal grounds for the provisional denial and details the appeal procedure.

Once an appeal is received, the matter will be scheduled for a hearing before a hearing examiner, who will prepare a report after the hearing.

At the hearing, the applicant can provide evidence of rehabilitation, mitigation, character references, etc.

Any testimony or documents provided at the hearing become part of the record, which is reviewed by the board along with the hearing examiner's report, before the board makes a final determination.

A provisional denial ultimately may result in the board granting the license, granting the license on probation, or denying the license.