Current through Register Vol. 50, No. 9, September 20, 2024
A. Definitions
Criminal History Background Checks-a
review of an individuals criminal history on the national level through the use
of fingerprints sent to the Federal Bureau of Investigation (FBI), the state
level, through the use of fingerprints sent to the Louisiana Bureau of Criminal
Identification and Information and the local level, through various local law
enforcement agencies.
Federal Tax Information (FTI)-consists of
federal tax returns and return information (and information derived from it)
that is in the Louisiana Workforce Commissions possession or control which is
covered by the confidentiality protections of the Internal Revenue Code and
subject to its safeguarding requirements, including IRS
oversight.
B. Applicability
1. All prospective Louisiana Workforce
Commission employees who will be expected to handle FTI and have signed a
conditional job offer, all prospective Louisiana Workforce Commission
contractors and subcontractors expected to handle FTI, and all current
employees, contractors and subcontractors that handle FTI will submit
fingerprints and other identifying information and undergo the following
criminal history background checks:
a. state
criminal history record check;
b.
national criminal history record check from the F.B.I.;
c. check of all local law enforcement
agencies where the subject has lived, worked and/or attended school in the last
five years.
C. General Provisions for Criminal History
Background Checks
1. Every current employee,
prospective employee, contractor or subcontractor employee identified as having
or who will have access to FTI, shall sign a written authorization to have
fingerprinting and criminal history background checks performed.
2. Criminal history background checks will be
completed at the frequency required by the Internal Revenue Service's Pub.
1075.
3. Criminal history
background checks will only be done on prospective employees after a
conditional offer of employment is signed by prospective employee.
4. Criminal history background checks on
prospective employees of contractors and subcontractors must be done prior to
beginning work on the contract.
D. Suitability Determination
1. Unless otherwise excluded from employment
under federal or state laws, all criminal conduct revealed by the criminal
history background checks will be considered based upon the following criteria:
a. relevance of criminal record or conduct to
the position sought or held;
b. the
nature of the work to be performed;
c. the time that has elapsed since the
conviction or conduct;
d. the
seriousness and specific circumstances of the offense/conduct, including the
type of harm caused, and/or the legal elements involved in the specific crime
committed;
e. the number of
offenses;
f. whether the candidate
has pending charges;
g. whether the
individual is likely to have committed the offense/conduct;
h. the nature and gravity of the
offense/conduct;
i. any evidence
of rehabilitation or contrition; and
j. any other relevant information, including
that submitted by or on behalf of the final candidate, current employee,
contractor or subcontractor, or other information obtained by
LWC.
2. If no criminal
conduct is revealed by the criminal history background checks, the prospective
employee or current employee will be deemed suitable to handle FTI based on the
criminal background checks only if the prospective or current employee also is
a citizen or legally authorized to work in the U.S. and no other issues
involving the trustworthiness of the prospective or current employee arise.
Contractors and subcontractors will be determined suitable relevant to the
background checks if no criminal conduct is found and all other requirements
under IRS Publication 1075 are met.
3. If criminal conduct is discovered by the
criminal history background checks, the Louisiana Workforce Commission will
consider the criteria and make a suitability determination. If an unfavorable
determination is made, the prospective employee, current employee, contractors
employee or subcontractors employee will be notified in writing and will be
given 30 days from the date of mailing, as evidenced by the date indicated on
the letter, to present documentation to refute the suitability determination.
If no documentation is submitted within 30 days, then the suitability
determination will be final. If documentation is presented within 30 days, the
Louisiana Workforce Commission will review the documentation and either affirm
or reverse its original suitability determination. The Louisiana Workforce
Commissions reconsidered determination shall be final. Even if a contractors
employee or subcontractors employee receives a favorable suitability
determination or redetermination, if all other requirements provided for by IRS
Publication 1075 are not met, the contractor employees or subcontractor
employees access to FTI will be denied or terminated.
E. Consequences of Unsuitability
Determinations
1. access or use of FTI will
be immediately denied, suspended, or terminated;
2. job offer will be rescinded for
prospective employees if unsuitability determination is final;
3. contract may be terminated;
4. contractors employee or subcontractors
employee will be removed or prohibited from performing work;
5. a current employee that receives a
determination of unsuitability will have access suspended, and a current
employee that receives a final determination of unsuitability will have access
to FTI terminated;
6. current
employees with access to FTI that receive a final determination of
unsuitability may be reassigned or face disciplinary action depending upon the
specific circumstances.
F. Nothing in this Rule shall prohibit the
Louisiana Workforce Commission from taking adverse action against a prospective
employee, or current employee with access to FTI based upon factors other than
the outcome of the criminal background checks including, but not limited to,
falsifying information on the application, unusual delay in completing or
delivering required forms, or any action indicating the individual is unfit for
a position of trust. All actions against a classified civil service employee
will be taken in accordance with civil service rules.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
15:587.5 and
R.S.
23:1657.1.
