Licensure and Criminal Background
Jordan Lee graduated from an accredited chiropractic college and passed Parts I–IV of the National Board of Chiropractic Examiners (NBCE) exams. In 2020, Jordan was convicted of misdemeanor DUI and completed a diversion program. In 2023, Jordan was charged with misdemeanor assault but the charges were dropped. Jordan applies for an Alabama chiropractic license and discloses both incidents on the application. The Board's licensing committee reviews the application and requests additional information about the 2023 arrest and the circumstances of the DUI. Jordan provides a personal statement explaining that the DUI was a youthful mistake, that he has been sober since, and that the assault charge was a case of mistaken identity. The Board must decide whether to grant the license, grant with conditions, or deny.
1. Under Alabama law, what are the licensure requirements for chiropractors, and how should the Board evaluate Jordan's criminal history?
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Alabama Code § 34-24-140 et seq. sets forth licensure requirements: graduation from an accredited chiropractic college, passing the NBCE exams or equivalent, and good moral character. The Board may deny licensure for convictions of crimes involving moral turpitude or for any offense that relates adversely to the practice of chiropractic. A DUI is generally not considered a crime of moral turpitude per se, but the Board may consider a pattern of substance abuse. The 2023 arrest without conviction should not be the sole basis for denial, but the Board may inquire into the underlying conduct. The Board should consider: (1) the nature and gravity of the offenses; (2) the time elapsed since the offenses; (3) evidence of rehabilitation; and (4) the relationship of the offenses to chiropractic practice. Because the DUI was three years ago and Jordan has demonstrated sobriety, and the assault charge was dropped, the Board could grant the license, possibly with conditions such as probation or substance abuse monitoring. Denial solely based on the dropped charge would likely be arbitrary and capricious.
2. If the Board denies Jordan's application, what due process rights does Jordan have to challenge the decision?
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An applicant for licensure is entitled to procedural due process. Under the Alabama Administrative Procedure Act (Ala. Code § 41-22-1 et seq.), the Board must provide notice of the proposed denial and an opportunity for a hearing. Jordan has the right to present evidence, cross-examine witnesses, and be represented by counsel. The Board's decision must be based on substantial evidence in the record. If the Board denies the application, it must issue a written decision with findings of fact and conclusions of law. Jordan may appeal the final decision to the circuit court for judicial review. The court will defer to the Board's expertise but will reverse if the decision is not supported by substantial evidence or is arbitrary, capricious, or contrary to law. Jordan should also consider whether the Board's consideration of the dropped assault charge violated his rights, as an arrest without conviction may not be used to infer guilt.