Current through February 24, 2025
(a) A provider must
request a background check under this section, or provide proof of a valid
fingerprint-based background check, for each individual to be associated with
the provider in any manner described in
7
AAC 10.900(b). A provider must
request a background check
(1) when the
provider submits an initial application for a license, certification, approval,
or finding of eligibility to receive payments from the department;
(2) for a new owner, officer, director,
partner, member, or principal of the business organization if there is a change
in ownership of the business organization, or if an officer, director, partner,
member, or principal of the business organization is replaced; the background
check must be completed before the individual begins association unless the
department issues notice of a provisional valid background check under
7
AAC 10.920;
(3) except as provided otherwise in this
section, if the provider wishes to appoint a board member or to hire or retain
an employee, an independent contractor, an apprentice, or an unsupervised
volunteer described in
7
AAC 10.900(b)(3); the background
check must be completed before appointment or hiring unless the department
issues notice of a provisional valid background check under
7
AAC 10.920;
(4) for an individual 16 years of age or
older who is not a recipient of services, and who wishes to reside in the
entity or to be present as described in
7
AAC 10.900(b) (5) or (6); the
background check must be completed before the individual begins association
unless
(A) the department issues notice of a
provisional valid background check under
7
AAC 10.920; or
(B) the individual is residing in the entity
before that individual's 16th birthday; for an individual described in this
subparagraph, the provider must submit the information required under (b) of
this section within 30 days after the individual's 16th birthday; or
(5) at any time requested by the
department
(A) to show compliance with
7
AAC 10.900 -
7
AAC 10.990 during inspection, monitoring, or
investigation; or
(B) for an
individual if the department has good cause to believe that the individual's
background has changed;
(b) The applicant or provider must submit the
following with each request for a background check:
(1) confirmation that a current release of
information authorization, on a form provided by the department and signed by
the individual for whom the request is submitted on file with the provider;
(2) confirmation that an
authorization, on a form provided by the department, signed by the individual
for whom the request is submitted, and permitting the department to mark the
individual's name in the Alaska Public Safety Information Network (APSIN) under
7
AAC 10.915(e), is on file with the
provider;
(3) one set of
fingerprints for the individual for whom the request is submitted;
(4) the fees required by the Department of
Public Safety under
13 AAC 68.900(a) (2)(B) and
(5);
(5) an additional $40 application fee; the
department will waive this fee for an unpaid volunteer who provides services to
a provider that is operated by the state or recognized by the United States
Internal Revenue Service as a nonprofit entity under
26 U.S.C.
501(c)(3)
(c) Unless a more frequent
fingerprint-based background check is required under federal law, a
fingerprint-based background check is valid for five years from the date the
check became valid under (h) of this section for an individual
(1) whose name has been marked in APSIN on a
continuous basis;
(2) who has not
had the background check revoked under
7
AAC 10.945, made invalid under
7
AAC 10.915(g), or rescinded under
7
AAC 10.915(h);
(3) who has not had a variance approval made
invalid under
7
AAC 10.935(m) or revoked under
7
AAC 10.935(n); and
(4) who
(A)
remains associated with a provider in a manner described in
7
AAC 10.900(b), subject to
verification under (d) of this section;
(B) becomes re-associated with the same
provider in a manner described in
7
AAC 10.900(b) within 100 days after
terminating association with that provider, subject to verification under@
[(e)] of this section; or
(C)
becomes associated with another provider in a manner described in
7
AAC 10.900(b) within 100 days after
terminating association with a previous provider, subject to verification
under@ of this section.
(d) At the time of association or
re-association under ( c) of this section, and annually after that date, each
provider must verify that each applicant described in (c)(4)(A), (B), or (C) of
this section, as applicable, has a valid background check. If the department
determines that the background check is not valid, the department will notify
the provider that a request for a new background check must be submitted under
this section, subject to any applicable fee. Each provider, and each applicant
described in 7 AAC l 0. 902, is responsible for ensuring that a background
check is renewed before it expires under (c) of this section for each applicant
described in (c)(4)(A), (B), or (C) of this section.
(g) A willful misrepresentation of an
individual's background history by a provider or an applicant is cause for
immediate denial of a request for a background check, or revocation of a valid
background check.
(h) A valid
background check means that, within any applicable period referred to in this
section,
(1) the items listed under (b) of
this section were submitted to the department;
(2) the department determined that a barrier
crime or condition did not exist;
(3) the applicant's name has been marked in
APSIN on a continuous basis and the applicant has not had
(A) the background check revoked under
7
AAC 10.945, made invalid under
7
AAC 10.915(g), or rescinded under
7
AAC 10.915(h); or
(B) a variance approval made invalid under
7
AAC 10.935(m) or revoked under
7
AAC 10.935(n); and
(4) if applicable, any variance
granted under
7
AAC 10.935 is still in effect and authorized by the
department.
(i) Nothing
in this section precludes a provider from requiring
(1) an individual who is subject to a
background check under
7
AAC 10.900 -
7
AAC 10.990 to pay a cost involved in the submittal of
a request under this section; the provisions of this paragraph do not apply to
a foster home; or
(2) a background
check for an individual who is not otherwise subject to
7
AAC 10.900 -
7
AAC 10.990.
(j) If a provider required to request or
obtain a valid background check required under
7
AAC 10.900 -
7
AAC 10.990 does not request or obtain the required
background check, that provider is disqualified, until the time a valid
background check is obtained, from
(1)
applying for licensure, certification, or approval to be a provider;
(2) receiving any payment from the
department; or
(3) associating with
another provider in any manner described in
7
AAC 10.900(b).
(k) For purposes of this section, an
individual's name is marked in APSIN on a continuous basis if an individual's
APSIN record has been electronically associated with the department's
background check program to ensure that any new criminal history is relayed to
the department on a real-time basis.
Authority:AS
47.05.300
AS 47.05.310
AS 47.05.330
AS 47.05.340
AS 47.32.010
AS
47.32.030
