Results: Board Makes Final Decision
If we received your good-cause-exception application on or after September 26, 2008, the administrative law judge will file with the Board a recommended order either granting or denying your application. The recommendation describes what the administrative law judge determines are the facts in your case and how the law applies to those facts. However, it is only a recommendation is not the final decision. The Board itself will make the final decision by adopting, rejecting, or modifying the administrative law judge's recommendation.
The Board will hold another hearing, where it will decide whether or not to accept the administrative law judge's recommendation. There will be at least three but normally five Board members present. These Board members represent some of the state agencies that require fingerprint clearance cards. At least 20 days before the hearing, the Board staff will send you a notice indicating the time, date, and location of the hearing. You are entitled to attend the hearing, but you are not required to attend. If you do attend, you will not be permitted to speak or present evidence. You will only be allowed to observe the Board proceedings.
Along with the notice of your hearing, you will also get a copy of the administrative law judge's recommendation. If there's anything in the recommendation that you disagree with, you can submit a written response at least 10 days before the hearing (the due date will appear on the hearing notice). Prior to the hearing, the Board will review your written response. Your written response cannot include new evidence that you did not present at or before your hearing before the administrative law judge. Therefore, you should make certain that you present all evidence at or before the hearing before the administrative law judge.
At the hearing, the Board members will have discussion, if necessary. They will then make a decision to accept, reject, or modify the administrative law judge's recommendation. You will know when you leave the hearing whether your application was approved or denied.
Under no circumstance whatsoever should you attempt to contact Board members prior to the hearing. If you attempt to contact Board members, your application may be denied.
For applications received on or after September 19, 2007, the Board's decision must be made within 80 days of your hearing before the hearing officer. Unfortunately, the process is not likely to take much less time, given the legal requirements that the Board has to meet.