§ 85B‑3.2. Criminalhistory record checks of applicants for licensure.
(a) Definitions. Thefollowing definitions shall apply in this section:
(1) Applicant Anapplicant for initial licensure as an auctioneer, apprentice auctioneer, orauction firm.
(2) Criminal history AState or federal history of conviction of a crime, whether a misdemeanor orfelony, that bears upon an applicant's fitness to be licensed as an auctioneer,apprentice auctioneer, or auction firm.
(b) The Commissionshall ensure that the State criminal history of an applicant is checked.National criminal history checks are authorized for an applicant who has notresided in the State of North Carolina during the past five years. TheCommission shall provide to the North Carolina Department of Justice thefingerprints of the applicant to be checked, a form signed by the applicant tobe checked consenting to the check of the criminal history and to the use offingerprints and other identifying information required by the State or NationalRepositories, and any additional information required by the Department ofJustice.
(c) All releases ofcriminal history information to the Commission shall be subject to, and incompliance with, rules governing the dissemination of criminal history recordchecks as adopted by the North Carolina Division of Criminal Information. Allof the information the Commission receives through the checking of the criminalhistory is for the exclusive use of the Commission and shall be keptconfidential.
(d) If the applicant'sverified criminal history record check reveals one or more convictions of acrime that is punishable as a felony offense, or the conviction of any crimeinvolving fraud or moral turptitude, the Commission may deny the applicant'slicense. However, the conviction shall not automatically prohibit licensure,and the following factors shall be considered by the Commission in determiningwhether licensure shall be denied:
(1) The level andseriousness of the crime.
(2) The date of thecrime.
(3) The age of theperson at the time of the crime.
(4) The circumstancessurrounding the commission of the crime, if known.
(5) The nexus betweenthe criminal conduct of the applicant and the applicant's duties as anauctioneer, apprentice auctioneer, or auction firm.
(6) The prison, jail,probation, parole, rehabilitation, and employment records of the applicantsince the date the crime was committed.
(7) The subsequentcommission by the person of a crime.
(e) The Commission maydeny licensure to an applicant who refuses to consent to a criminal historyrecord check or use of fingerprints or other identifying information requiredby the State or National Repositories of Criminal Histories.
(f) The Commissionshall notify the applicant of the applicant's right to review the criminalhistory information, the procedure for challenging the accuracy of the criminalhistory, and the applicant's right to contest the Commission's denial oflicensure.
(g) The Commissionshall collect any fees required by the Department of Justice and shall remitthe fees to the Department of Justice for expenses associated with conductingthe criminal history record check. (1999‑142, s. 3; 2000‑140, ss. 59(a),59(b); 2001‑198, s. 1.)
§ 85B‑3.2. Criminalhistory record checks of applicants for licensure.
(a) Definitions. Thefollowing definitions shall apply in this section:
(1) Applicant Anapplicant for initial licensure as an auctioneer, apprentice auctioneer, orauction firm.
(2) Criminal history AState or federal history of conviction of a crime, whether a misdemeanor orfelony, that bears upon an applicant's fitness to be licensed as an auctioneer,apprentice auctioneer, or auction firm.
(b) The Commissionshall ensure that the State criminal history of an applicant is checked.National criminal history checks are authorized for an applicant who has notresided in the State of North Carolina during the past five years. TheCommission shall provide to the North Carolina Department of Justice thefingerprints of the applicant to be checked, a form signed by the applicant tobe checked consenting to the check of the criminal history and to the use offingerprints and other identifying information required by the State or NationalRepositories, and any additional information required by the Department ofJustice.
(c) All releases ofcriminal history information to the Commission shall be subject to, and incompliance with, rules governing the dissemination of criminal history recordchecks as adopted by the North Carolina Division of Criminal Information. Allof the information the Commission receives through the checking of the criminalhistory is for the exclusive use of the Commission and shall be keptconfidential.
(d) If the applicant'sverified criminal history record check reveals one or more convictions of acrime that is punishable as a felony offense, or the conviction of any crimeinvolving fraud or moral turptitude, the Commission may deny the applicant'slicense. However, the conviction shall not automatically prohibit licensure,and the following factors shall be considered by the Commission in determiningwhether licensure shall be denied:
(1) The level andseriousness of the crime.
(2) The date of thecrime.
(3) The age of theperson at the time of the crime.
(4) The circumstancessurrounding the commission of the crime, if known.
(5) The nexus betweenthe criminal conduct of the applicant and the applicant's duties as anauctioneer, apprentice auctioneer, or auction firm.
(6) The prison, jail,probation, parole, rehabilitation, and employment records of the applicantsince the date the crime was committed.
(7) The subsequentcommission by the person of a crime.
(e) The Commission maydeny licensure to an applicant who refuses to consent to a criminal historyrecord check or use of fingerprints or other identifying information requiredby the State or National Repositories of Criminal Histories.
(f) The Commissionshall notify the applicant of the applicant's right to review the criminalhistory information, the procedure for challenging the accuracy of the criminalhistory, and the applicant's right to contest the Commission's denial oflicensure.
(g) The Commissionshall collect any fees required by the Department of Justice and shall remitthe fees to the Department of Justice for expenses associated with conductingthe criminal history record check. (1999‑142, s. 3; 2000‑140, ss. 59(a),59(b); 2001‑198, s. 1.)
§ 85B‑3.2. Criminalhistory record checks of applicants for licensure.
(a) Definitions. Thefollowing definitions shall apply in this section:
(1) Applicant Anapplicant for initial licensure as an auctioneer, apprentice auctioneer, orauction firm.
(2) Criminal history AState or federal history of conviction of a crime, whether a misdemeanor orfelony, that bears upon an applicant's fitness to be licensed as an auctioneer,apprentice auctioneer, or auction firm.
(b) The Commissionshall ensure that the State criminal history of an applicant is checked.National criminal history checks are authorized for an applicant who has notresided in the State of North Carolina during the past five years. TheCommission shall provide to the North Carolina Department of Justice thefingerprints of the applicant to be checked, a form signed by the applicant tobe checked consenting to the check of the criminal history and to the use offingerprints and other identifying information required by the State or NationalRepositories, and any additional information required by the Department ofJustice.
(c) All releases ofcriminal history information to the Commission shall be subject to, and incompliance with, rules governing the dissemination of criminal history recordchecks as adopted by the North Carolina Division of Criminal Information. Allof the information the Commission receives through the checking of the criminalhistory is for the exclusive use of the Commission and shall be keptconfidential.
(d) If the applicant'sverified criminal history record check reveals one or more convictions of acrime that is punishable as a felony offense, or the conviction of any crimeinvolving fraud or moral turptitude, the Commission may deny the applicant'slicense. However, the conviction shall not automatically prohibit licensure,and the following factors shall be considered by the Commission in determiningwhether licensure shall be denied:
(1) The level andseriousness of the crime.
(2) The date of thecrime.
(3) The age of theperson at the time of the crime.
(4) The circumstancessurrounding the commission of the crime, if known.
(5) The nexus betweenthe criminal conduct of the applicant and the applicant's duties as anauctioneer, apprentice auctioneer, or auction firm.
(6) The prison, jail,probation, parole, rehabilitation, and employment records of the applicantsince the date the crime was committed.
(7) The subsequentcommission by the person of a crime.
(e) The Commission maydeny licensure to an applicant who refuses to consent to a criminal historyrecord check or use of fingerprints or other identifying information requiredby the State or National Repositories of Criminal Histories.
(f) The Commissionshall notify the applicant of the applicant's right to review the criminalhistory information, the procedure for challenging the accuracy of the criminalhistory, and the applicant's right to contest the Commission's denial oflicensure.
(g) The Commissionshall collect any fees required by the Department of Justice and shall remitthe fees to the Department of Justice for expenses associated with conductingthe criminal history record check. (1999‑142, s. 3; 2000‑140, ss. 59(a),59(b); 2001‑198, s. 1.)
