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Collateral Consequences in Occupational Licensing Act

[http://ccresourcecenter.org – 6/29/18]

We’ve noted in recent posts the numerous states that, just in the past three or four months, have enacted broad occupational licensing reforms affecting people with a criminal record. Many of these new laws have been influenced by a model developed by the Institute for Justice (IJ), a libertarian public interest law firm that has been litigating and lobbying to reduce barriers to work for more than two decades. In turn, states like Indiana, Kansas, Tennessee and Wisconsin have built upon IJ’s model to enact even more progressive schemes intended to ensure that people with the requisite professional qualifications will not be unfairly excluded based on a record of arrest or conviction.

Now IJ has incorporated many of these progressive refinements into its original model licensing law, the Occupational Licensing Review Act (OLRA), and broken out the provisions relating to criminal records into a free-standing model act specifically directed at managing collateral consequences in the occupational licensing context, the new Collateral Consequences in Occupational Licensing Act (CCOLA).

 

…Agencies may consider violent felonies and sexual offenses at any time, although even these records must still be tested against the “public safety” standard:

Read the full article

 

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Destroying opportunities for registrants via professional licensing laws would be exponentially harmful considering we live in a mostly service based economy. I train people for in barbershop and hair salon jobs for servicing and sales of scissors. I also train using that job and relationships (apart from ACSOL) to leverage impacting elections. A good friend and highly skilled professional RC that lost his license bc of being an RC became trained by me and now has a new field of income. This gentleman lets call him Julio (well being his name) was in court rescued by Janice and had received… Read more »

Excellent, Excellent, Excellent! Robert, thank you for sharing. Let’s be strong. Eventually the constitution will have our back. I’m sure we are all extremely remorseful & hurt by what we have done, but we have to live, move on and that means fight!!!

When I applied for a contractor’s license way back in 2000, they only considered “construction related crimes.” That was reasonable. I know they are trying to protect the public from all unforseen harm, but the real problem is unlicensed contractors that people hire because they under bid, pay laborers under the counter to avoid taxes, don’t carry liability or workers comp insurance, charge large up front down payments and may leave the job undone and dissapear. The licensing boards original job was to judge who is skilled and who knows the laws and who doesn’t. Now they are also judging… Read more »

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