West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening
Section 69-10-11 - Confidentiality and Immunity

Universal Citation: 69 WV Code of State Rules 69-10-11

Current through Register Vol. XLI, No. 38, September 20, 2024

11.1. The Secretary will treat and maintain any criminal background search information obtained under this article as confidential. The Secretary will limit the use of records solely to the purposes authorized by W. Va. Code §§ 16-49-1, et seq. The criminal history record information in the custody of the Secretary is not subject to subpoena, other than one issued in a criminal action or investigation; is confidential by law and privileged; and is not subject to discovery or admissible in evidence in any private civil action.

11.2. The Secretary, the Department, and its employees are immune from liability, civil or criminal, that might otherwise be incurred or imposed for good faith conduct in determining eligibility or granting variances permitted by this rule.

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