SECTION .0400 - LICENSURE OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A FELONY
21 NCAC 14I .0401 APPLICATION/LICENSURE/INDIVIDUALS WHO HAVE BEEN CONVICTED OF FELONY
(a) Any applicant convicted of a felony or charged with a felony that is still pending may apply for Board approval upon enrollment in a cosmetic art school. All documentation submitted shall have no effect on an individual's ability to attend a cosmetic art school, take an examination administered by the Board, or apply for a license; is not binding on the Board with respect to any future application from the individual reviewed; and is not a final agency decision.
(b) The applicant shall supply the following;
(1) A statement of facts of the crime accompanied by a certified copy of the indictment (or, in the absence of an indictment, a copy of the "information" that initiated the formal judicial process), the judgment and any commitment order for each felony for which there has been a conviction;
(2) A copy of the applicant's restoration of rights certificate, if applicable;
(3) At least three letters attesting to the applicant's character from individuals unrelated by blood or marriage. If available, one of these letters must be from someone familiar with the applicant's cosmetology training and experience, one from the applicant's probation or parole officer, and one from the applicant's vocational rehabilitation officer. If letters from persons in these positions are unavailable, the applicant shall submit an explanatory statement as to why they are unavailable;
(4) The name and address of the applicant's current employer;
(5) A summary of the applicant's personal history since conviction including, if applicable, date of release, parole or probation status, employment, and military service;
(6) Records of any cosmetology, esthetics, natural hair care or manicurist school disciplinary actions;
(7) A description of any pending criminal charges with a copy of the indictment or, if there is not yet an indictment, the arrest warrant for each pending charge; and
(8) Any other information which in the opinion of the applicant would be useful or pertinent to the consideration by the Board of the applicant's request;
(c) If a felony conviction was for an offense involving drugs or alcohol, the applicant shall also provide evidence showing that he or she is drug/alcohol free. Examples of evidence which will be considered are:
(1) enrollment in an on-going licensed treatment program;
(2) drug analysis test results; and
(3) certification of completion of a licensed treatment program.
History Note: Authority G.S. 88B-4; 88B-24(1);
Eff. June 1, 1995;
Amended Eff. September 1, 2010; December 1, 2008; April 1, 2001; August 1, 1998.