Title 22, Title 22

After the initial construction and operational phase, the Background Check Center is funded through user fees as provided in this section. [PL 2015, c. 299, §25 (NEW).] 1. User fee. The department shall adopt rules to establish Background Check Center user fees. The user fee must…

1. New disqualifying offenses. A direct access worker's data must be searched and monitored for new events that may disqualify the individual from employment as a direct access worker. A. The department shall establish procedures regarding the exchange of data among federal or st…

1. Contingent offer of employment. An employer that has made a contingent offer of employment to a direct access worker shall secure a background check and receive a final background check report prior to allowing the individual to commence employment as a direct access worker, e…

1. Background check. Beginning when biometric-based background check capability becomes available for a specified type of provider, a provider of that type employing direct access workers subject to this section shall use the Background Check Center to secure a background check a…

1. Prohibited employment. An employer is subject to the penalties imposed by this chapter for hiring, placing or continuing to employ, other than conditionally as described in this chapter or by rule, an unsupervised direct access worker who has a known disqualifying offense or w…

1. Employer documentation. An employer subject to this chapter shall conduct and document the background check process in accordance with the requirements of this chapter and rules adopted pursuant to this chapter. 2. Data storage. An employer shall manage and store, electronical…

A criminal background check record and other personally identifiable information provided to an employer in compliance with this chapter are confidential. An employer may use this information only to determine the eligibility of an individual for new or continued employment, and …

1. Conduct subject to penalties. An employer may be subject to the penalties under this chapter for any of the following: A. Failure to conduct a mandatory background check; [PL 2015, c. 299, §25 (NEW).] B. Failure or refusal to terminate or remove from direct access employment a…

1. Licensing actions. The penalties and fines described in this chapter do not limit the State's licensing authority to pursue an adverse action against an employer who fails to comply with or who commits a civil violation described in this chapter. 2. Licensing penalties. An emp…

The imposition of sanctions, other than licensing sanctions, pursuant to this chapter may be appealed by an employer pursuant to Title 5, chapter 375.

1. Rules. The Department of Public Safety and the Department of Health and Human Services shall each adopt rules necessary to achieve the purposes of this chapter. As appropriate, each department shall keep the other department informed regarding rule-making activity. Rules adopt…

1. Portability authorized. A direct access worker may choose to transfer the worker's background check report to another employer. The direct access worker may choose to transfer confidential information contained in the worker's background check report, as long as the background…