Applicant that has an ESA with a citation of biting someone

[Edward Tristram]

We received an application for someone who has an ESA - but the dog has been cited for biting (several years ago by the county). 

Can you tell them you would accept an ESA with proper paperwork but refuse that particular dog ?

We have approved ESAs before and would have no problem doing so again, but are worried about the liability of accepting an ESA with a known history of biting someone (even if it was 4+yrs ago)