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While the Administrative Procedure Act (APA) generally requires agencies to follow certain procedures when promulgating rules, the statute's ?good cause? exception permits agencies to forgo Section 553's notice and comment requirement if ?the agency for good cause finds? that compliance would be ?impracticable, ...
Fingerprint submissions may be rejected if there is a problem with quality of the fingerprint image? whether Live Scan or hard copy cards. Applicants who have had their fingerprints rejected will be asked to make a second attempt at fingerprinting.
You should explain the arrest or charge, even if you weren't convicted and even if the incident didn't appear on the letter you received from the Department of Public Safety denying or suspending your fingerprint clearance card. Second, the explanations of criminal charges often lack sufficient detail.
If there are any arrests on your record, DPS compares the criminal offenses with a list of offenses that would cause the denial or suspension of a fingerprint clearance card, such as assault, theft, drug offenses, as well as many others. Offenses that appear in this list are referred to as "precluded offenses."
To get a good cause exception, you must demonstrate that you are rehabilitated and not a recidivist (or, in a few cases, that you have not been convicted of an offense that would cause your fingerprint clearance card to be denied or suspended). The burden of demonstrating rehabilitation is on you, not the Board staff.