Current through August 31, 2023
The agency is responsible for confirming that the applicant has
received a clearance under Section
190 of these rules. Once a
clearance is issued by the Department, verifiable continuous employment of the
applicant with the same agency eliminates the requirement for a new background
check. (3-28-23)
01.
New
Background Check. Any individual required to have a background check
under these rules must complete a new application, including fingerprints when:
(3-28-23)
a. An applicant is accepting
employment with a new agency, and their last Department background check was
completed more than three (3) years prior to their employment date; or
(3-28-23)
b. An applicant is
applying for licensure or certification with the Department. and their last
Department background check was completed more than three (3) years prior to
their employment date or licensure application date; or (3-28-23)
c. An applicant's affiliation ends, is later
re-affiliated to the same agency, and the applicant background check is older
than three (3) years at the time of the re-affiliation.
(3-28-23)
02.
Use
of Background Check Within Three Years of Completion. Any agency may use
a Department background check clearance obtained under these rules if:
(3-28-23)
a. The individual has received a
Department's background check clearance within three (3) years from the date of
employment; (3-28-23)
b. Prior to
allowing the individual to provide services, the agency must affiliate itself
to the individual's clearance through the Department's website by having the
agency's identification number added to the individual's background check; and
(3-28-23)
c. The agency completes a
state-only background check of the individual through the Idaho State Police
Bureau of Criminal Identification, and no disqualifying crimes are found.
(3-28-23)
i. The action must be initiated by
the agency within thirty (30) calendar days of obtaining access to the
individual's background check clearance issued by the Department; and
(3-28-23)
ii. The agency must be
able to provide proof of this action by maintaining a copy of the records
required in Subsections
195.02.a and
195.02.c of these rules.
(3-28-23)
d. An
applicant's affiliation ends, is later re-affiliated to the same agency, and
the applicant background check was completed less than three (3) years from the
time of the re-affiliation, the provisions of Subsections
195.02.b and
195.02.c of these rules apply.
(3-28-23)
e. An agency not listed
in Section 126 of these rules may use an
individual's Department clearance or enhanced clearance that was obtained
within three (3) years from date of employment. (3-28-23)
f. An individual with a current clearance
that is not Enhanced but is completed within three (3) years from date of
employment, who seeks to affiliate themselves to a new agency identified in
Section 126 of these
rules, must apply for a new background check to obtain an Enhanced clearance.
An agency or employer identified in Subsections
126.08 and
126.10 of these rules may not
hire an employee with a clearance obtained prior to January 1, 2020, unless the
Enhanced clearance complies with the requirements found in
42 USC Section
9858. (3-28-23)
03.
Agency Discretion. Any
agency or employer, at its discretion, may require an individual to complete a
Department background check at any time, even if the individual has received a
background check clearance within three (3) years. (3-28-23)
04.
Department Discretion. The
Department may require a background check of any individual covered under these
rules at any time. Any individual required to complete a background check under
these rules must be fingerprinted within fourteen (14) days from the date of
notification by the Department. (3-28-23)
