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<regulation prefix="Regulation" num=".03" citation="COMAR 12.15.02.03" title_num="12" subtitle_num="15" chapter_num="02" heading="Application Process.">
  <paragraph num="A.">
    <text>A covered individual applying for a printed statement shall:</text>
    <paragraph num="(1)">
      <text>Complete and submit an application to the Central Repository using a form approved by the Central Repository that provides identifying information, including the covered individual's Social Security number, that is used by the Central Repository to verify identity and preserve the security of information maintained by the Central Repository;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Submit a complete set of legible fingerprints in a format approved by the Central Repository and the FBI; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Except for provisions under §B of this regulation, pay processing fees authorized under Family Law Article, §5-561(g), Annotated Code of Maryland, and Regulation .04 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The processing fee required under §A(3) of this regulation established under:</text>
    <paragraph num="(1)">
      <text>Regulation .04A of this chapter may be paid by an employer or other party; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Family Law Article, §5-561(h)(2), Annotated Code of Maryland, shall be reimbursed by a local department of social services to an adult who is a covered individual residing in a foster care home.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>When to Apply.</text>
    <paragraph num="(1)">
      <text>An employee shall apply for a criminal history records check on or before the first day of actual employment at a facility.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An employer shall apply for a criminal history records check on or before the first day of actual operation of a facility.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Not later than 5 working days after a child, committed to a local department of social services, is placed by that department with an adult relative, a covered individual under Family Law Article, §5-561(c) or (e), Annotated Code of Maryland, shall apply for a printed statement.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A covered individual seeking to adopt a child through a local department of social services or licensed child placement agency shall apply for a printed statement on or before the submission of the application for adoption.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Fingerprinting Process.</text>
    <paragraph num="(1)">
      <text>A covered individual applying for a printed statement shall have a complete set of legible fingerprints taken in a format approved by the Central Repository at a designated law enforcement agency or approved agency.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Before being fingerprinted, a covered individual shall present a valid photo identification document.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>After verifying identification of a covered individual, a designated law enforcement agency or approved agency shall fingerprint the covered individual.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Payment of the Fingerprinting Fee.</text>
      <paragraph num="(a)">
        <text>The fee, if any, for taking fingerprints shall be paid directly to the designated law enforcement agency or approved agency providing the fingerprinting service.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The fee under §D(4)(a) of this regulation excludes the processing fees under Family Law Article, §5-561, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Rejection of Illegible Fingerprints.</text>
      <paragraph num="(a)">
        <text>If a covered individual's fingerprints are rejected as illegible by the Central Repository or the FBI, the covered individual shall be refingerprinted by the designated law enforcement agency or approved agency taking the rejected fingerprints.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the Central Repository rejects a covered individual's fingerprints a second time as illegible, the Central Repository may decide to waive the fingerprint requirement and require other documentation for use to complete the criminal history records check.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Previously Processed Individual.</text>
    <paragraph num="(1)">
      <text>Resuming Work for Same Employer.</text>
      <paragraph num="(a)">
        <text>A previously processed individual who ceases working and later resumes work for the same employer is not required to resubmit an application with fingerprints and fees under §A of this regulation if the employer has maintained the previously processed individual's name on the Central Repository's list of previously processed individuals.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Upon resuming work, an employer may require a previously processed individual to obtain a national criminal history records check and pay the applicable fee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Additional or Subsequent Employment.</text>
      <paragraph num="(a)">
        <text>Except as provided under Family Law Article, §5-564(d)(2), Annotated Code of Maryland, and §E(2)(b)—(d) of this regulation:</text>
        <paragraph num="(i)">
          <text>An employee who has been previously processed shall submit an application, with fingerprints and the State and federal processing fees, when applying to work for another employer.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A criminal history records check contained in a printed statement may not be redisseminated.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>An employee may request, using a form approved by the Central Repository, that the Central Repository send a copy of the State and national printed statement under Regulations .06 and .07 of this chapter to an additional or subsequent employer.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A request under §E(2)(b) of this regulation shall contain identifying information, including the:</text>
        <paragraph num="(i)">
          <text>Reference number from the most recent child care application that included fingerprints; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Authorization number of an employer who is to receive a printed statement.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>The Central Repository shall issue a copy of the printed statement if:</text>
        <paragraph num="(i)">
          <text>A written request from the previously processed individual is received by the Central Repository;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The written request is received within 180 days of the date of the receipt of the most recent child care application; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The most recent child care application included fingerprints and the required processing fees.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Access to Fingerprinting Services.</text>
    <paragraph num="(1)">
      <text>Except for legal holidays, a designated law enforcement agency and approved agency shall establish a schedule for fingerprinting services and make the schedule available to the public.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Central Repository shall provide fingerprinting services and process an application for the printed statement during regular State office hours.</text>
    </paragraph>
  </paragraph>
</regulation>