Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS
Section 16.05.06.060 - AGENCY RESPONSIBILITIES

Universal Citation: ID Admin Code 16.05.06.060

Current through August 31, 2023

01. Initial Registration. Agencies required to obtain Department background checks on individuals must register with the Department and receive an agency identification number before applications are processed or accessed. (3-28-23)

02. Change in Name or Ownership. An agency or facility must: (3-28-23)

a. If acquired by another entity, the new ownership will register as a new agency and provide contact information to obtain a new agency identification number and website access within thirty (30) calendar days of acquisition. New ownership occurs when the agency obtains a new federal Employer Identification Number with the Internal Revenue Service. (3-28-23)

b. The previous ownership will settle any background check debt with the Department prior to the completion of the acquisition. The Department reserves the right to not acknowledge the transfer to the new ownership if the previous ownership background check debt is not settled. (3-28-23)

c. If there is a change in name or location, the agency will update their profile on the Department website with their new name, location, and contact information within thirty (30) calendar days of the change. (3-28-23)

03. Applicant Screening. The agency must screen applicant background check disclosures that are submitted to the Department website to determine the suitability of the applicant for employment or program participation. If an applicant discloses a disqualifying crime or offense, or discloses other information that would indicate a risk to the health and safety of children and vulnerable adults, a determination of suitability for employment or program participation should be made during the initial application review. (3-28-23)

04. Time Frames For Compliance. The agency is responsible for ensuring the required time frames are met for completion and submission of the application and fingerprints to the Department as required in Section 150 of these rules. (3-28-23)

05. Review Background Check Results. The agency is responsible for reviewing the results of the background check even if a clearance that resulted in no disqualifying crimes or offenses found is issued by the Department. The agency must complete this review within fourteen (14) calendar days of the clearance being accessible on the Department's website. (3-28-23)

06. Employment Determination. The Department does not make the final fitness determination for employment or program participation for the applicant. The agency will determine the ability or risk of the individual to provide care or services to children or vulnerable adults after reviewing the applicant's background check results. (3-28-23)

07. Discovery of Criminal Convictions or Disqualifying Records After Clearance is Issued. After a clearance is issued, if the agency discovers that the applicant may no longer be eligible to hold a Department clearance due to the existence of either a conviction for a disqualifying offense, or a relevant record listed in these rules, the agency is required to report their discovery to the Background Check Unit. The Department may compel the applicant to be processed for a new background check under Subsection 195.04 of these rules if it deems it appropriate to do so. (3-28-23)

08. Retention of Records. The agency will retain all applicant background check documentation as provided in Subsection 300.02 of these rules. (3-28-23)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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