<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 12.10.01.08" title_num="12" subtitle_num="10" chapter_num="01" heading="Standards for Recertification.">
  <paragraph num="A.">
    <text>An applicant for recertification to a mandated position who previously received a provisional certification in a mandated position by the Commission shall meet the standards under this regulation for the mandated position that the applicant is seeking recertification to before the applicant may perform duties of the mandated position.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Information Required for a Recertification Applicant. An agency head, or a designee, submitting an AFC for recertification under this regulation shall require that the following are performed for the applicant:</text>
    <paragraph num="(1)">
      <text>A criminal history record check and fingerprinting under Regulation .05 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A drug screening under Regulation .21 of this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A check with the applicant's previous correctional unit to:</text>
      <paragraph num="(a)">
        <text>Determine the reason for separation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ensure that the applicant left in good standing; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Assess past work performance;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>An investigation for the applicant's prior use of controlled dangerous substances, narcotic drugs, and marijuana according to requirements under Regulation .22 of this chapter;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The physical and mental health examinations required under Regulation .04 of this chapter; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The background investigation review and assurances, or full background investigation, as required under §E of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Required Additional Information for Certain Applicants. If an applicant for recertification has not been employed in a mandated position at a correctional unit for the last 90 days or more before filing an AFC for recertification, in addition to information required under §B of this regulation, the agency head, or a designee, shall conduct a modified background investigation for the period that the applicant was not employed in a mandated position at a correctional unit that includes obtaining information related to the applicant through:</text>
    <paragraph num="(1)">
      <text>A check with each employer during the applicant's absence from mandated duties and responsibilities;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A check with the applicant's coworkers during the applicant's absence from mandated duties and responsibilities; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Interviews of personal references and neighbors provided by the applicant for the most recent period of the applicant's absence from mandated duties and responsibilities.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An agency head, or a designee, shall:</text>
    <paragraph num="(1)">
      <text>Complete an AFC to verify that applicable selection standards have been met; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Forward, to the Commission, the completed AFC along with criminal history record check and derogatory information discovered during the background investigation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Review of Previous Background Investigations.</text>
    <paragraph num="(1)">
      <text>An agency head, or a designee, submitting an AFC for recertification shall review the background investigation conducted by the applicant's previous agency head to ensure that a complete and accurate investigation was performed.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The agency head, or a designee, submitting an AFC for recertification is responsible for correcting any omission or discrepancy in a prior background investigation that was conducted in conjunction with an AFC submitted to the Commission by an agency head less than 5 years from the date of the applicant's AFC for recertification.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If records of a previous background investigation are not available, the agency head, or a designee, submitting an AFC for recertification shall conduct a full background investigation according to requirements under Regulation .05 of this chapter.</text>
    </paragraph>
  </paragraph>
</regulation>