Delaware Administrative Code
Title 1 - Authorities, Boards and Commissions
700 - Delaware State Fire Prevention Commission
710 - Ambulance Service Regulations
Section 710-21.0 - Criminal History Background Check

21.2.1 Criminal history background checks shall be evaluated using the criteria 16 Del.C. § 6712(b). All criminal history background checks will be forwarded by the State Bureau of Identification to the Commission. If the Commission's designee believes that an applicant should be denied certification because of the applicant's criminal history or other unprofessional conduct the Commission's designee shall notify the applicant and the Commission of this decision.

21.2.2 Any applicant denied certification due to criminal history or other unprofessional conduct has the right to appeal to the Commission and shall be afforded a hearing.

21.3.1 Within 10 days after the postmark on the notification of the intent to deny certification or decertify a certificate holder, the applicant shall submit a written request for a hearing to the Commission stating the reason or reasons supporting the appeal.

21.3.2 Notice of the hearing shall be given at least 20 days before the day of the hearing and comply with the provisions of 29 Del.C. § 10122.

21.3.3 The hearing before the Commission will be conducted in accordance with the Delaware Administrative Procedures Act 29 Del.C. Ch. 101.

21.4.1 Delaware State Fire School training announcements for EMT courses will include the statement "Criminal history background checks will be required as per the regulations".

21.4.2 All chiefs of departments, presidents, or ambulance captains of volunteer rescue or ambulance squads or officers of private corporations or entities which have students pre-registered for the class shall inform the individual that a criminal history background check will be required. It will be the responsibility of any private EMT training institution to make their students aware that a criminal history background check is required to become a State certified EMT and the criminal history background check be available in order to receive EMT certification or authorization by the Commission, or its designee.

21.4.3 At the start of the EMT course, the student must be 17 years of age.

21.4.4 All EMT students must submit to a Federal and State criminal history background check conducted by the State Bureau of Identification. Any student failing to submit to Section 21.0 will not be permitted to participate in the course.

21.4.5 Any volunteer fire, rescue or ambulance company student accepted into a BLS course conducted by the Delaware State Fire School and does not complete the course will be required to reimburse the Delaware State Fire School the cost of the course materials.

21.5.1 All applicants shall pay for the criminal history background check at the time of their request.

21.5.2 Reciprocity for University of Delaware Students

21.6.1 Information obtained pursuant to the criminal history background check is confidential and except as provided in this regulation, shall not be released from the Commission under any circumstances to anyone.

21.6.2 The Commission shall retain all criminal history background check information that is reviewed by the Commission's designee in a locked file cabinet in the custody of the Commission office for a period of 2 years from the receipt. The Commission may destroy all criminal history background check information when the retaining period is reached.

21.6.3 When a denial for certification is made, the Commission will be advised by the Commission's designee and the background check will be secured for at least 60 days or until any appeal process is completed. After providing proof of identification including photo identification, applicants may review their criminal history information in the Commission office. Copies shall not be provided to anyone.

21.6.4 Pursuant to 16 Del.C. § 6712 the individual may meet with the Commission's designee and after providing proof of identification including a photo identification, review their information. Copies will not be provided to anyone.