3. Denial of certificate, authorization or approval for prior immoral conduct. Evidence that an applicant for initial certification, authorization or approval or for a renewal has injured the health or welfare of a child through physical or sexual abuse or exploitation is grounds for a denial of a certificate, authorization or approval. Notwithstanding Title 5, chapter 341, every a person, who, within 5 years of the application for initial certification, authorization or approval or renewal, has been convicted in any state or federal court of a criminal offense involving the physical or sexual abuse or exploitation of a child, may be presumed by the commissioner to lack good moral character for the purposes of this chapter. This presumption shall be is a rebuttable presumption. Notwithstanding Title 5, chapter 341, the commissioner shall be is entitled to consider all records of prior criminal convictions involving child abuse or exploitation in determining an applicant's eligibility for a certificate, authorization or approval.

Sec. 9. 20-A MRSA §13020, sub-§3-A is enacted to read:

3-A.__Grounds for denial, revocation, suspension or nonrenewal.__Grounds for denial of a certificate, authorization or approval related to criminal offenses, fraud or gross incompetence may be established by the state board in its rules in accordance with Title 5, chapter 341.__Except as provided in this section and Title 5, chapter 341, consideration of prior criminal convictions as an element of fitness to be certified, authorized, approved or renewed is appropriate within 3 years of the applicant's final discharge from a correctional system.__Beyond the 3 years, an applicant with a prior criminal conviction who applies for certification, authorization or approval with no additional convictions must be considered in the same manner as an applicant for certification, authorization or approval who has no prior criminal convictions for the purposes of certification, authorization, approval or renewal decisions.

The following are grounds for revocation, suspension or nonrenewal:

A.__A crime punishable by a term of imprisonment of one year or more as long as the period of time since the applicant's final discharge from the sentence is within the time frame permitted by Title 5, chapter 341;

B.__A conviction that is excepted by statute to which Title 5, chapter 341 does not apply; or