KRS 335B.032: Determination of whether conviction of crime disqualifies individual

from employment or occupation -- Application policy -- Administrative

regulations -- Report.

(1) Any hiring or licensing authority that considers a criminal background check as part

of its application process shall establish and implement a process by which an

individual who has been convicted of a crime can obtain a determination about

whether the crime will disqualify the individual from a position of public

employment or an occupation for which a professional license is required.

(2) When a criminal background check is required by a hiring or licensing authority

under subsection (1) of this section, an individual may submit his or her application

and have that application cons idered by the authority before pursuing any training

or specialized education that is required for the position of public employment or an

occupation for which a professional license is required. A hiring or licensing

authority shall:

(a) Request that the individual submit the information listed in KRS 335B.020(2)

to the hiring or licensing authority within a reasonable time as determined by

the authority;

(b) Afford the individual an opportunity for an in -person, telephone, or video

hearing; and

(c) Evaluate the applicant's testimony and the evidence of items listed in KRS

335B.020(2) and determine if the conviction relates to the position of public

employment sought or the occupation for which a license is sought prior to

taking any action on the application.

(3) A determination made in accordance with this section that a person is not

disqualified from a position of public employment or an occupation for which a

professional license is required due to criminal history shall be binding upon a

hiring or lice nsing authority unless, at the time a full application for a position of

public employment or an occupation for which a license is required is submitted,

the applicant has subsequently been convicted of a crime or has any previously

undisclosed convictions of a crime.

(4) A hiring or licensing authority shall display on its website its application policy and

procedures pertaining to an individual with a criminal background. The application

instructions shall include the following:

(a) That the application p rocess may include a background check by the

Department of Kentucky State Police or the Administrative Office of the

Courts and may require the applicant to submit to fingerprinting;

(b) That a criminal conviction may disqualify an applicant from obtaining a

position of public employment or an occupational license; and

(c) That the applicant shall submit the information described in KRS 335B.020(2)

to the hiring or licensing authority within a reasonable time determined by the

authority.

(5) A hiring or licensing authority shall provide the public notice as described in

subsection (4) of this section:

(a) To all applicants within fourteen (14) days of application or selection for an

interview; and

(b) To educational institutions that provide e ducation and training in the areas of

study requiring an occupational license to practice for prospective applicants.

(6) A hiring or licensing authority shall:

(a) No later than January 1, 2027:

1. Formulate policies and procedures as necessary to carry o ut the

provisions of this section; and

2. Promulgate administrative regulations in accordance with KRS Chapter

13A related to this section; and

(b) Provide the Legislative Research Commission for referral to the Interim Joint

Committee on Licensing, Occupa tions, and Administrative Regulations a

report by November 1, 2027, to confirm that an application process as

described in this section has been established and is being utilized.