Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Individuals Required
To Submit Fingerprinting Images.
(1) Individuals
seeking certification under this Article shall submit fingerprint images and
associated criminal history information pursuant to Government Code Section
1043 and
Section 6456(a)-(e) of Article
4 of this Chapter.
(b) Interim
Fitness Determination.
(1) Before any final
determination or certification decision is made based on the criminal record, the
Exchange shall comply with the requirements of Section
6456(d)-(e) of Article
4 of this Chapter.
(2) If the Exchange
finds that an individual seeking certification under this Article has a potentially
disqualifying criminal record under Section
6456(d)-(e) of Article
4 of this Chapter, the Exchange shall promptly provide the individual with a copy of
his or her criminal record pursuant to Penal Code Section
11105(t),
notify the individual of the specific disqualifying offense(s) for the interim
determination, and provide the individual information on how to request a written
appeal, including examples of the types of additional evidence the individual may
provide, to dispute the accuracy and relevancy of the criminal
record.
(c) Appeal and Final
Determination.
(1) Inaccurate or Incomplete Federal
and Out-of-State Disqualifying Offenses.
(A) If
the individual believes that the potentially disqualifying offense in the Federal
Bureau of Investigation national criminal response, identified in the notice sent
pursuant to subdivision (b)(2) of this section, is inaccurate or incomplete, within
60 calendar days from the date of the notice, the individual may seek to correct or
complete the response by providing information to the Exchange, including official
court and law enforcement records, identifying and correcting the incomplete or
inaccurate criminal history information. Upon receipt of such information, the
Exchange shall reevaluate the interim fitness determination. The Exchange, within 60
calendar days, shall respond to the individual with a final
determination.
(2) Inaccurate
or Incomplete California Disqualifying Offenses.
(A) If the individual believes that the
potentially disqualifying offense in the California Department of Justice (DOJ)
state criminal response, identified in the notice sent pursuant to subdivision
(b)(2) of this section, is inaccurate or incomplete, within 60 calendar days from
the date of the notice, the individual shall notify the Exchange and follow the
procedures set forth in Penal Code Sections
11120-
11127 to correct or
complete the criminal response with the DOJ. The fitness determination shall not be
final until the DOJ has acted to correct the state criminal response. Upon receipt
of the corrected response, the Exchange shall reevaluate the interim fitness
determination. The Exchange, within 60 calendar days, shall respond to the
individual with a final determination.
(3) If the individual determines that his or her
criminal record is accurate, within 60 days from the date of the notice in
subdivision (b)(2) of this section, the individual may dispute the interim
determination by providing additional written evidence of rehabilitation and
mitigating circumstances related to any potentially disqualifying offense to the
Exchange. Upon receipt of the response, the Exchange shall respond to the individual
with a final determination within 60 calendar days.
(A) For purposes of reevaluating the interim
determination pursuant to subdivision (c)(3) of this section, the Exchange shall
take into account any of the following:
1. Any
additional evidence of rehabilitation and mitigating circumstances provided by the
individual in subdivision (c)(3) of this section;
2. Information received as a result of the
criminal record check;
3. Information
received through the individual's application process for a position requiring
fingerprinting in subdivision (a) of this section.
4. Information received as a result of the
individual's employment history or qualifications for a position requiring
fingerprinting in subdivision (a) of this section.
(4) Absent good cause for late filing as
determined by the Exchange on a case-by-case basis, the interim fitness
determination shall become final.
(d) Following the receipt of a final determination
pursuant to this section that an individual is disqualified from certification, the
individual shall not reapply for certification for two years.
(e) Costs. Background check costs for individuals
seeking certification under this Article shall be paid by the Exchange.
1. New section
filed 7-6-2015 as an emergency pursuant to Government Code section
100504(a)(6),
as modified by Senate Bill 75 (Stats. 2015, c. 18); operative 7-6-2015 (Register
2015, No. 28). A Certificate of Compliance must be transmitted to OAL by 7-6-2018
pursuant to Government Code section
100504(a)(6)
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-26-2016 as an emergency, including
amendment of subsection (e) and repealer of subsections (e)(1)-(2); operative
5-26-2016 (Register 2016, No. 22). Section deemed as an emergency pursuant to
Government Code section
100504(a)(6),
as modified by Senate Bill 75 (Stats. 2015, c. 18). A Certificate of Compliance must
be transmitted to OAL by 7-6-2018 pursuant to Government Code section
100504(a)(6)
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of HISTORY 2 (Register 2018, No.
37).
4. New section filed 6-7-2019; operative 6-7-2019 pursuant to
Government Code section
11343.4(b)(3)
(Register 2019, No. 23).
5. Editorial correction of HISTORIES 1 and 2
(Register 2019, No. 39).
Note: Authority cited: Section
100504,
Government Code. Reference: Sections
1043 and
100502,
Government Code; Section
11105, Penal Code;
and 45 C.F.R. Sections
155.225 and
155.260.
