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Board denies Fresh Start preapproval for incarcerated applicant with violent convictions
Summary
The Board of Licensing Contractors denied a Fresh Start preapproval request for Michael Rico, citing statutory factors relating to the nature of his convictions and lack of demonstrated rehabilitation; the board instructed staff to send a written denial and recorded that the applicant may reapply upon release from incarceration.
The Board of Licensing Contractors voted May 20 to deny a Fresh Start preapproval for an applicant identified in the record as Michael Rico. Staff told the board Rico is currently incarcerated with a release date noted in the record as 2034 and has two felony convictions the board described in its discussion as involving a child and an aggravated assault offense.
Legal counsel reviewed the four statutory factors the board must consider when determining whether to deny a preapproval under the Fresh Start framework: (a) the relationship between the nature of the crime and the purposes of regulating the occupation; (b) the relationship between the crime and the applicant’s ability, capacity and fitness to perform the occupation; (c) evidence of rehabilitation or treatment that might mitigate concerns; and (d) any applicable federal law. Counsel stated there was no applicable federal law that prevented consideration under the state statute.
Board members discussed the violent nature of the convictions, the risk of harm to vulnerable persons in residential settings (the application was described as an LOE/residential license), and the fact the applicant remains incarcerated and therefore has not completed the full term of his sentence. One board member described the convictions as “very violent” and said that issuing the license while the applicant remains incarcerated would give the applicant a license that could be renewed in the future and potentially place him in contact with other persons. Legal counsel summarized the board’s considerations and recommended denial based on the statutory factors as discussed.
The board voted to deny the Fresh Start preapproval. The motion directed staff to prepare and send a written denial that sets out the statutory factors and the board’s reasoning. The board recorded that the applicant may reapply upon release from incarceration and noted that future Fresh Start rules or adaptations could affect future applications.
No board member recorded a dissent on the motion. Staff noted the board must provide a written justification for the denial as part of the Fresh Start process and will do so in the applicant file.
