Current through Register Vol. 35, No. 6, March 26, 2024
A. An applicant's background check
eligibility may be suspended for the following:
(1) an arrest or criminal charge for any
felony offense, any misdemeanor offense involving domestic violence, child
abuse or any other misdemeanor offense of moral turpitude if a conviction as
charged would result in a determination of unreasonable risk;
(2) a pending child protective services
referral or any other CYFD investigation of abuse or neglect;
(3) an outstanding warrant; or
(4) any other reason that creates an
unreasonable risk determination pursuant to these regulations.
B. It is the duty of the
administrator of a facility or the licensee and the background check
eligibility holder, upon learning of any of the above, to notify the licensing
authority immediately. Failure to immediately notify the licensing authority
may result in the revocation of background check eligibility.
C. A suspension of background check
eligibility shall have the same effect as a determination of unreasonable risk
until the matter is resolved and eligibility is affirmatively reinstated by the
BCU.
D. Background check
eligibility may be reinstated or revoked as follows:
(1) If the applicant can provide information
relating to the disqualifying criminal charge that would show that a criminal
conviction as charged would not lead to an unreasonable risk;
(2) If the matter causing the suspension is
resolved within six months of the suspension, the applicant may provide
documentation to the BCU showing how the matter was resolved and requesting
reinstatement of background check eligibility. After review, the BCU may
reinstate background check eligibility or may revoke eligibility. If, the
applicant's eligibility is revoked, the applicant may appeal the
revocation.
(3) If the matter
causing the suspension is resolved after six months of the suspension, the
applicant may reapply for clearance for the same licensee by submitting an
electronic fingerprint submission receipt and the required forms. After review,
the BCU may reinstate background check eligibility or may revoke eligibility.
If the applicant's eligibility is revoked, the applicant may appeal the
revocation.
