misdemeanor which relates to the trade, occupation or
profession for which the license, certificate, registration
or permit is sought.] based in whole or in part on a
conviction of a crime if all of the following apply:
(1) The applicant has been convicted of a felony or a
misdemeanor which directly relates to the trade, occupation
or profession for which the license, certificate,
registration or permit is sought.
(2) The board, commission or department has conducted an
individualized assessment of the relation of the conviction
to the applicant's overall suitability to engage in the
trade, occupation or profession for which the license,
certificate, registration or permit is sought. An
individualized assessment conducted under this paragraph
shall include a consideration of the particular facts or
circumstances surrounding the offense or criminal conduct,
the length of time since the offense or criminal conduct
occurred and the grade and seriousness of the offense or
criminal conduct.
(c.1) Exception.--A board, commission or department may not
refuse to grant or renew and may not suspend or revoke any
license, certificate, registration or permit under subsection
(c) if the applicant can establish sufficient mitigation or
rehabilitation and fitness to perform the duties of the trade,
occupation or profession for which the license, certificate,
registration or permit is sought. Where criminal conduct is
directly related to the license, certificate, registration or
permit being sought, the board, commission or department shall
consider relevant proof of any factors that would rebut an
adverse presumption or show rehabilitation, including:
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