Committee substitute for SB 263 narrows how criminal records can bar licensure

The West Virginia Legislature’s Workforce Committee approved a committee substitute for Senate Bill 263, changing how the Division of Labor and the State Fire Marshal may consider prior criminal convictions when deciding initial licensure for many professions.

The committee substitute replaces the existing “rational nexus” standard with a new “directly and specifically related” standard that requires a licensing authority to find a conviction bears a direct and substantial risk to the public by virtue of its relationship to the duties of the license before denying initial licensure. The substitute limits application of the new standard to occupations regulated by the Division of Labor and the State Fire Marshal and keeps the rational nexus test for polygraph examiners.

The change “provides additional guidance for making this…