Process for Receipt, Review and Determination of:

The process for receipt, review and determination of ethics complaints filed against ACBHC certified counselors, clinical supervisors, and administrators, up to and including sanction (Letter of Censure, Suspension or Revocation of Certification) is as follows:

A written and signed complaint addressed to the Commission, citing all known facts, observations and relevant information regarding the offense, must be included in the letter. All acts or events requiring report to a law enforcement agency must be reported by the complainant independently. Upon receipt of this letter, the process for review and determination of the ethics complaint will be initiated. The process for review and determination is as follows:

1) A written complaint, if submitted as a hand-written or typed letter, will be date stamped and recorded in the Ethics Complaint Log. All complainants who have not documented their complaint on the Ethics Complaint Form will be sent a copy of the form and be asked to resubmit within ten (10) days of receipt of the Ethics Complaint Form.

2) Upon receipt of the Ethics Complaint Form, the copy of the complaint, with all identifying information suppressed, will be forwarded to the Ethics Review Committee Chair and members. Notification of receipt of the complaint will be sent to both the Complainant and the person against whom the complaint has been lodged within ten (10) days.

3) The Ethics Review Committee will determine within ten (10) days whether the ethics complaint warrants further investigation or can be dismissed. Notification of the decision to either investigate or dismiss the claim will be sent to the Complainant and the person against whom the complaint has been lodged within ten (10) days.

4) If the decision to investigate the ethics complaint has been made, a copy of the complaint will be forwarded to the person against whom the complaint has been lodged, and they will be advised of their right to seek legal counsel, at their expense, during the investigation, hearing and determination process.

5) If the complaint and supporting material appears to be serious enough in nature to support immediate suspension of certification, the Commission may elect through consensus to temporarily suspend certification pending further investigation and determination of the ethics complaint. The certificate holder will be notified by certified mail within ten (10) days of this determination

6) All ethics complaint investigations will be conducted within ninety (90) days of determination that an investigation is required; however, an extension of up to ninety (90) additional days may be granted in the event that further investigation must be conducted before final determination can be made.

7) A hearing with the person against whom the complaint has been lodged will be scheduled and subsequently conducted by the Ethics Review Committee with the full Commission in attendance once all investigation procedures have been fully completed. The complainant and the counsel obtained by the certificate holder in question are invited to attend this hearing as well to provide personal testimony.

8) At the conclusion of the personal testimony, the full Commission during closed session will review and determine through a consensus vote the appropriate action to be taken.

9) The Commission will notify the person against whom the complaint has been lodged of their determination by certified mail within five (5) days of final determination being made. If sanction is recommended, the certificate holder will be advised of the appeal process.

10) Following completion of the hearing process, the Commission may also refer the complaint back to the Ethics Review Committee for further investigation and review.

11) All documents associated with the certificate holder's application file will be retained as property of the Commission.

12) The Commission retains the right to reverse a decision with a majority vote of the full Commission.

Appeal Process for Ethics Complaints Determinations:

1) To initiate an appeal of a decision (ineligibility, censure, sanction, or revocation) made by the Commission, written notification must be sent to the Chairperson of the Commission by certified mail or personal delivery to the Commission office within thirty (30) days of the final decision being made. Acknowledgement of receipt of the appeal will be made within ten (10) days of receipt of the formal request for appeal consideration through either written confirmation or by formal signature on the certified mail receipt.

2) The appeal may be a formal request for an administrative review based upon new information and supportive documents, or may be a formal request for a hearing before the full Commission to verbally appeal the determination.

3) Hearings before the full Commission will be scheduled within ninety (90) days and will be conducted at the next quarterly Commission meeting after receipt of the formal request for appeal.

4) Following completion of the Appeal Hearing, the full Commission in closed session will review proceedings and determine whether the appeal should be granted or denied, and this will be determined through a majority vote of the full Commission.

5) Determinations made by the Commission will be submitted in writing by certified mail within ten (10) days of final determination being made.

6) All documents associated with the certificate holder's file will be retained as the property of the Commission.

7) The Commission will stand by the final decision of the appeal and will not make allowances for a re-determination of the appeal following this final review process.

Evaluation of Felonies and Misdemeanors:

There are number of criminal offenses (convictions) which would bar an applicant from being certified by ACBHC, and others which need to be evaluated as to classification and length of time since conviction regarding the potential for certification.

The individual evaluation process is primarily based on the truthfulness and completeness of the information provided by and through the applicant. Specifically the applicant needs to provide as much information as is possible to evaluate the nature of the criminal activity, legal outcome, and time that has since elapsed.

The following are definitions of conviction classification:

1) Class A felonies characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person.

2) Class B felonies characteristically involve conduct resulting in less sever violence against a person than Class A felonies, aggravated offenses against property interests, or aggravated offenses against public administration or order.

3) Class C felonies characteristically involve conduct serious enough to deserve felony classification but not serious enough to be classified as A or B felonies.

4) Class A, B & C misdemeanors characteristically involve conduct indicating some risk of harm to a person, minor offenses against property interests, minor offenses against public administration or order, of minor offenses against public health and decency.

The following are to be used as guidelines for determining whether or not an applicant with criminal convictions can be certified by ACBHC. The criminal convictions and classifications are broken down into levels that include 2-year, 5-year, 10-year and categorical (absolute) barriers to certification. Where applicable, the year number of the barrier is from the date of conviction. Other convictions should not be considered in evaluating certification eligibility, unless there is a continuing and ongoing history of criminal behavior.

2-Year Barrier to Certification: (crimes under the following, or a similar law of another jurisdiction)

1. AS 11.46.320. Criminal trespass in the 1^st degree (Class A misdemeanor)

2. AS 11.46.330. Criminal trespass in the 2^nd degree (Class B misdemeanor)

3. AS 11.46.430. Criminally negligent burning (Class A misdemeanor)

4. AS 11.46.484. Criminal mischief in the 3^rd degree (Class A misdemeanor)

5. AS 11.46.486. Criminal mischief in the 4^th degree (Class B misdemeanor)

6. AS 11.56.740. Violating a protective order (Class A misdemeanor)

7. AS 11.61.220(a)(2)-(4). Harassment (Class B misdemeanor)

8. AS 47.30.815 Limitation of liability; bad faith application; willful initiation of an involuntary civil commitment procedure without having good cause (miscellaneous felony)

5-Year Barrier to Certification, Class C Felonies: (crimes under the following, or a similar law of another jurisdiction)

1. AS 11.31.100. Attempted to commit a crime (if the crime attempted is a class B felony)

2. AS 11.31.110. Solicitation to commit a crime (if the crime solicited is a class B felony)

3. AS 11.31.120. Conspiracy (if the object of the conspiracy is a crime punishable as a class B felony)

4. AS 11.46.130. Theft in the 2^nd degree

5. AS 11.46.220. Concealment of merchandise (if the merchandise is a firearm, or the value of the merchandise is $500 or more, or the person has been previously convicted and sentenced on two or more separate occasions for the same crime)

6. AS 11.46.260. Removal of identification marks (if the value of the property on which the serial number of identification mark appeared is $500 or more)

7. AS 11.46.270. Unlawful possession (if the value of the property on which the serial number of identification mark appeared is $500 or more)

8. AS 11.46.280. Issuing a bad check (if the face amount of the check is $500 or more but less than $25,000)

9. AS 11.46.285. Fraudulent use of an access device (if value is $500 or more but less than $25,000)

10. AS 11.46.310. Burglary in the 2^nd degree

11. AS 11.46.360. Vehicle theft in the 1^st degree

12. AS 11.46.482. Criminal mischief in the 2^nd degree

13. AS 11.46.505. Forgery in the 2^nd degree

14. AS 11.46.520. Criminal possession of a forgery device

15. AS 11.46.530. Criminal simulation (if value is $500 or more)

16. AS 11.46.550. Offering a false instrument for recording in the 1^st degree (if the value of the property misapplied if $500 or more)

17. AS 11.46.620. Misapplication of property (if the value is $500 or more)

18. AS 11.46.630. Falsifying business records

19. AS 11.46.660. Commercial bribe receiving

20. AS 11.46.670. Commercial bribery

21. AS 11.46.710. Deceptive business practices (felony if the person uses the Internet or a computer network to commit the offense)

22. AS 11.46.730. Defrauding creditors (if the loss is $500 or more but less than $25,000)

23. AS 11.46.740. Criminal use of computer

24. AS 11.56.230. Perjury by inconsistent statements

25. AS 11.56.320. Escape in the 3^rd degree

26. AS 11.56.370. Permitting an escape

27. AS 11.56.375. Promoting contraband in the 1^st degree

28. AS 11.56.540. Tampering with a witness in the 1^st degree

29. AS 11.56.590. Jury tampering

30. AS 11.56.600. Misconduct by a juror

31. AS 11.56.610. Tampering with physical evidence

32. AS 11.56.705. Harming a police dog in the 1^st degree

33. AS 11.56.770. Hindering prosecution in the 1^st degree

34. AS 11.56.810. Terroristic threatening

35. AS 11.56.815. Tampering with public records in the 1^st degree

36. AS 11.56.835. Failure to register as a sex offender or child kidnapper in the 1^st degree

37. AS 11.61.100. Riot

38. AS 11.61.145. Promoting the exhibition of fighting animals (owns, possess, keeps, trains, instigates, promotes or has intent or interest)

39. AS 11.61.160. Recruiting a gang member in the 1^st degree

40. AS 11.61.200. Misconduct involving weapons in the 3^rd degree

41. AS 11.61.240. Criminal possession of explosives (if intended crime is a class B felony)

42. AS 11.61.250. Unlawful furnishing of explosives

43. AS 11.66.120. Promoting prostitution on the 2^nd degree

44. AS 11.66.210. Promoting gambling in the 1^st degree

45. AS 11.66.230. Possession of gambling records in the 1^st degree

46. AS.11.71.040. Misconduct involving a controlled substance in the 4^th degree (except as provided in AS 11.73.030.)

47. AS 11.73.010. Manufacture or delivery of an imitation controlled substance

48. AS 11.73.020. Possession of substance with the intent to manufacture

49. AS 11.73.040. Advertisement to promote the delivery of an imitation controlled substance

50. AS 28,35.030(n). Operating a vehicle, aircraft, or watercraft while intoxicated (if the person convicted of driving while intoxicated has been previously convicted two or more times within the previous five years)

10-Year Barrier to Certification, Class B Felonies: (crimes under the following, or a similar law of another jurisdiction)

1. AS 23.30.255. Penalty for failure to pay compensation (to an employee or an employee's dependents) (if the amount involved is more than $25,000)

2. AS 11.31.100. Attempt to commit a crime (if the crime attempted is a class A felony)

3. AS 11.31.110. Solicitation to commit a crime (if the crime solicited is a class A felony)

4. AS 11.31.120. Conspiracy (if the object of the conspiracy is a crime punishable as a class A felony)

5. AS 11.46.120. Theft in the 1^st degree

6. AS 11.46.280. Issuing a bad check (if the check is for $25,000 or more)

7. AS 11.46.285. Fraudulent use of an access device (if the value is $25,000 or more)

8. AS 11.46.300. Burglary in the 1^st degree

9. AS 11.46.480. Criminal mischief in the 1^st degree

10. AS 11.46.500. Forgery in the 1^st degree

11. AS 11.46.565. Criminal impersonation in the 1^st degree

12. AS 11.46.600. Scheme to defraud

13. AS 11.46.730. Defrauding creditors (if the loss is $25,000 or more)

14. AS 11.56.100. Bribery

15. AS 11.56.110. Receiving a bribe

16. AS 11.56.200. Perjury

17. AS 11.56.310. Escape in the 2^nd degree

18. AS 11.56.510. Interference with official proceedings

19. AS 11.56.520. Receiving a bribe by a witness or juror

20. AS 11.61.195. Misconduct involving weapons in the 2^nd degree

21. AS 11.61.240. Criminal possession of explosives (if intended crime is a class A felony)

22. AS 11.66.110. Promoting prostitution in the 1^st degree (unless classified as a class A felony)

23. AS 11.71.030. Misconduct involving a controlled substance in the 3^rd degree

24. AS 11.73.030. Delivery of an imitation controlled substance to a minor

25. AS 23.36.360. Fraudulent of criminal insurance acts (some subsections are class B felonies and some are class C felonies, depending on circumstances)

Categorical (absolute) Barrier to Certification: (crimes under the following, or a similar law of another jurisdiction)

Sex Offenses:

1. A crime under AS 11.41.100(a)(3). [Murder in the 1^st degree], or a similar law of another jurisdiction, in which the person committed a sexual offense, or similar offense under the laws of the other jurisdiction (in acting alone or with one or more other persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 16 years of age, and in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child).

2. A crime under AS 11.41.110(a)(3). [Murder in the 2^nd degree], or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes or a similar law of another jurisdiction:

· Sexual assault in the 1^st degree

· Sexual assault in the 2^nd degree

· Sexual abuse of a minor in the 1^st degree, or

· Sexual abuse of a minor in the 2^nd degree

3. AS 11.41.410. - 11.41.438. Sexual assault in the 1^st degree, Sexual assault in the 2^nd degree, Sexual assault in the 3 ^rd degree, Sexual assault in the 4^th degree, Sexual assault of a minor in the 1^st degree, Sexual assault of a minor in the 2^nd degree, Sexual assault of a minor in the 3^rd degree

4. AS 11.41.440(a)(2). Sexual abuse of a minor in the 4^th degree, is being 18 years of age or older (if the offender engages in sexual contact with a person who is 16 or 17 years of age and at least 3 years younger than the offender, and the offender occupies a position of authority in relation to the victim)

5. AS 11.41.450. - 11.41.458. Incest, Unlawful exploitation of a minor, Indecent exposure in the 1^st degree

6. AS 11.41.460. Indecent exposure in the 2^nd degree (if the indecent exposure is before a person under 16 years of age and the offender has a previous conviction for that offense)

7. AS 11.61.123. Indecent viewing or photography (if the person viewed or shown in a picture was, at the time of the viewing or production of the picture, a minor)

8. AS 11.61.125. or 11.61.127 Distribution of child pornography, possession of child pornography

9. AS 11.66.110. or 11.66.130(a)(2). Promoting prostitution in the 1^st degree or promoting prostitution in the 3^rd degree (as other than a patron of a prostitute, induces or causes a person 16 years of age or older (17 years of age) to engage in prostitution at the time of the offense, or former AS 11.15.120., or former AS 11.15.134. or Assault with the intent to commit rape under AS 11.15.160. former AS 11.40.110, or former AS 11.40.200.

10. AS 11.61.130. Misconduct involving a corpse

Other Categorical Offenses (Class A Felonies unless noted as other) Barring Certification: (crimes under the following, or a similar law of another jurisdiction)

1. AS 11.31.100. Attempt to commit a crime (if the crime attempted is murder in the 1^st degree)

2. AS 11.31.100 Attempt (if the crime attempted is an unclassified felony other than murder in the 1^st degree, or if the crime is an unclassified crime described in state law other than AS 11 and is punishable by and indeterminate or life term)

3. AS 11.31.110. Solicitation to commit a crime (if the crime solicited is murder in the 1^st degree)

4. AS 11.31.110. Solicitation (if the crime solicited is an unclassified felony other than murder in the 1^st degree, or if the crime is an unclassified crime described in state law other than AS 11 and is punishable by and indeterminate or life term)

5. AS 11.31.120. Conspiracy (if the object of the conspiracy is murder in the 1^st degree)

6. AS 11.31.120. Conspiracy (if the object of the conspiracy is an unclassified felony other than murder in the 1^st degree)

7. AS 11.41.100. Murder in the 1^st degree

8. AS 11.41.110. Murder in the 2^nd degree

9. AS 11.41.120. Manslaughter

10. AS 11.41.130. Criminally negligent homicide (class B felony)

11. AS 11.41.200. Assault in the 1^st degree

12. AS 11.41.210. Assault in the 2^nd degree (class B felony)

13. AS 11.41.220. Assault in the 3^rd degree (class C felony)

14. AS 11.41.260. Stalking in the 1^st degree (class C felony)

15. AS 11.41.300. Kidnapping

16. AS 11.41.320. Custodial interference in the 1^st degree (class C felony)

17. AS 11.41.500 Robbery in the 1^st degree

18. AS 11.41.510. Robbery in the 2^nd degree (class B felony)

19. AS 11.41.520. Extortion (class B felony)

20. AS 11.41.530. Coercion (class C felony)

21. AS 11.46.400. Arson in the 1^st degree

22. AS 11.46.410. Arson in the 2^nd degree (class B felony)

23. AS 11.51.100 Endangering the welfare of a child in the 1^st degree (class B felony, class C felony or class A misdemeanor)

24. AS 11.51.200. Endangering the welfare of a vulnerable adult in the 1^st degree (class C felony)

25. AS 11.51.210. Endangering the welfare of a vulnerable adult in the 2^nd degree (class A misdemeanor)

26. AS 11.56.300. Escape in the 1^st degree

27. AS 11.56.840. Failure to register as a sex offender or kidnapper in the 2^nd degree (class C misdemeanor)

28. AS 11.61.190. Misconduct involving weapons in the 1^st degree

29. AS 11.61.240. Criminal possession of explosives (if the crime intended is murder in any degree or kidnapping )

30. AS 11.71.010 Misconduct involving a controlled substance in the 1^st degree

31. AS 11.71.020 Misconduct involving a controlled substance in the 2^nd degree