Chapter 03. Criminal History Records Check for Individuals Who Work for an Adult Dependent Care Program
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter establishes procedures for processing a criminal history records check under Health-General Article,
§§19-1901—19-1912, Annotated Code of Maryland.
§§19-1901—19-1912, Annotated Code of Maryland.
B.
This chapter does not apply to a background check conducted by a private agency under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Adult dependent care program” has the meaning stated in Health-General Article, §19-1901(b), Annotated Code of Maryland.
(2)
“Application” means the form submitted for a covered individual to obtain a criminal history records check.
(3)
“Approved agency” has the meaning stated in COMAR 12.15.02.02.
(4)
“Approved training” has the meaning stated in COMAR 12.15.02.02.
(5)
“Central Repository” has the meaning stated in COMAR 12.15.02.02.
(6)
“Conviction” means a plea or verdict of guilty, plea of nolo contendere, disposition of probation before judgment, or disposition of not criminally responsible.
(7)
“Covered individual” means an eligible employee or other individual as defined in §B(13) and (14) of this regulation.
(8)
“Criminal history records check” means a record check of the Central Repository criminal history record information under Criminal Procedure Article, §10-201(d), Annotated Code of Maryland.
(9)
“Department” has the meaning stated in COMAR 12.15.02.02.
(10)
“Director” means the Director of the Central Repository.
(11)
“Disclosure statement” means the part of the application that contains a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charge without a final disposition.
(12)
“Disseminate” has the meaning stated in COMAR 12.15.02.02.
(13)
Eligible Employee.
(a)
“Eligible employee” has the meaning stated in Health-General Article, §19-1901(f), Annotated Code of Maryland.
(b)
“Eligible employee” includes an employee 14 years old or older as of the date of the application for a criminal history records check.
(14)
Other Individual.
(a)
“Other individual” means an individual who is not an eligible employee but for whom a criminal history records check may be requested under Health-General Article, §19-1912, Annotated Code of Maryland.
(b)
“Other individual” includes:
(i)
A volunteer; or
(ii)
An individual 14 years old or older as of the date of the application for a criminal history records check.
(c)
“Other individual” does not include an individual licensed or certified under the Health Occupations Article, Annotated Code of Maryland.
(15)
“Previously processed” means a covered individual who has obtained a criminal history records check under this chapter.
(16)
“Printed statement” has the meaning stated in COMAR 12.15.02.02.
(17)
“Program” means an adult dependent care program as defined in Health-General Article, §19-1901(b), Annotated Code of Maryland.
(18)
“Secretary” has the meaning stated in COMAR 12.15.02.02.
(19)
“Valid photo identification document” has the meaning stated in COMAR 12.15.02.02.
Regulation .03 Application Process.LinkCopy Citation
A.
An adult dependent care program shall apply for a printed statement for a covered individual by:
(1)
Completing and submitting to the Central Repository an application approved by the Central Repository that provides identifying information that is used by the Central Repository to verify identity and preserve the security of the information maintained by the Central Repository;
(2)
Submitting a complete set of legible fingerprints in a format approved by the Central Repository; and
(3)
Paying the processing fee authorized under Health-General Article, §§19-1902(c) and 19-1904(b), Annotated Code of Maryland, and established by the Central Repository.
B.
When to Apply.
(1)
An adult dependent care program shall apply for a printed statement for an eligible employee before that eligible employee may begin to work for the program.
(2)
An adult dependent care program shall decide if and when to submit an application for a printed statement for another individual.
C.
Fingerprinting Process.
(1)
A covered individual 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.
(2)
Before being fingerprinted, a covered individual shall present a valid photo identification document to the designated law enforcement agency or approved agency.
(3)
A designated law enforcement agency or approved agency shall:
(a)
Verify the covered individual’s identification; and
(b)
Fingerprint the covered individual in a format approved by the Central Repository.
(4)
A fingerprinting fee, if any, that does not include the fee authorized under Health-General Article, §§10-1902(c) and 19-1904(b), Annotated Code of Maryland, is to be paid directly to the designated law enforcement agency or approved agency.
(5)
Rejection of Illegible Fingerprints.
(a)
The Central Repository may waive the requirement for a complete set of legible fingerprints to be submitted as part of the application under Health-General Article, §19-1904(c), Annotated Code of Maryland.
(b)
Except under provisions of §C(5)(a) of this regulation, a covered individual, whose fingerprints are rejected as illegible, shall be refingerprinted by the designated law enforcement agency or approved agency taking the illegible fingerprints.
D.
Previously Processed Individual.
(1)
Resuming Work for the Same Program. A previously processed individual, who ceases working for a program and later resumes work for the same program is not required to resubmit an application with fingerprints and fees under §A of this regulation if the program retained the previously processed individual on the Central Repository's list of previously processed individuals under COMAR 12.15.01.19.
(2)
Additional or Subsequent Employment for Another Adult Dependent Care Program.
(a)
An application for a printed statement, fingerprints, and applicable fees are required for a previously processed individual who applies to work for a program that the previously processed individual has not worked for in the past.
(b)
Information contained in a printed statement may not be redisseminated, other than to a person specified in Regulation .08B of this chapter.
E.
Access to Fingerprinting Services.
(1)
Except for legal holidays, a designated law enforcement agency or approved agency shall establish a schedule for providing fingerprinting services and make the schedule available to the public.
(2)
The Central Repository shall provide fingerprinting services and process an application for a printed statement during regular State work day office hours.
Regulation .04 Payment of Processing Fee.LinkCopy Citation
A.
The Central Repository shall collect a nonrefundable fee for a a printed statement authorized under Health-General Article, §§19-1902(c) and 19-1904(b), Annotated Code of Maryland, and established in COMAR 12.15.01.15.
B.
Except as provided under §C of this regulation, the processing fee shall:
(1)
Be paid by the program at the time the application and fingerprints are submitted by the program to the Central Repository.
(2)
Except under §D of this regulation, be payable to the Central Repository in the form of:
(a)
Certified check;
(b)
Cashier’s check;
(c)
Money order;
(d)
Personal check; or
(e)
Rendered by an alternative method approved in writing by the Central Repository.
C.
The Central Repository may establish a separate processing fee payment procedure for a government agency or a program.
D.
Payment of the processing fee for a covered individual is not required to:
(1)
Update and issue a revised printed statement; or
(2)
Contest a printed statement under Health-General Article, §19-1908, Annotated Code of Maryland.
Regulation .05 Designated Law Enforcement Agencies and Approved Agencies for Fingerprinting.LinkCopy Citation
A designated law enforcement agency shall provide fingerprinting services according to requirements established under COMAR 12.15.01.20.
Regulation .06 Conducting the Criminal History Records Check.LinkCopy Citation
A.
The Central Repository shall process an application for a printed statement according to provisions under Health-General Article, §§9-1904, 19-1905, and 19-1907, Annotated Code of Maryland.
B.
The Central Repository shall issue a printed statement under this chapter only to:
(1)
An adult dependent care program; or
(2)
A covered individual.
Regulation .07 Issuance of a Revised Printed Statement.LinkCopy Citation
A revised printed statement shall be issued according to provisions established under COMAR 12.15.01.19.
Regulation .08 Confidentiality and Dissemination of Information.LinkCopy Citation
A.
A criminal history records check conducted by the Central Repository is confidential and may not be:
(1)
Used for a purpose other than that for which it is disseminated; or
(2)
Redisseminated.
B.
The results of a criminal history records check may only be disseminated to:
(1)
A covered individual who is the subject of a criminal history records check; and
(2)
An adult dependent care program involved in the hiring or approval process.
C.
Confidential information obtained from the Central Repository shall be maintained to ensure that only a person authorized under Health-General Article, §19-1907(c), Annotated Code of Maryland, and this chapter have access to the information.
Regulation .09 Right of a Covered Individual to Appeal the Findings in a Printed Statement.LinkCopy Citation
A.
Requesting an Appeal of the Findings in a Printed Statement.
(1)
A covered individual may appeal the content of a printed statement issued under provisions of this chapter.
(2)
A covered individual shall contact the Central Repository, in writing, requesting to appeal the content of the covered individual’s printed statement under this chapter.
(3)
The Central Repository shall conduct a hearing within 20 working days of the receipt of the written request from a covered individual, unless the requesting covered individual waives the hearing.
B.
The Central Repository may deny a request to appeal a printed statement if the Central Repository has a record of a conviction of a crime or a certified copy of the conviction.
C.
If an appeal concerns a pending charge or other criminal history record information, the Central Repository may deny the appeal if the Central Repository:
(1)
Has a certified copy of the court docket from the court showing that the charge has not been finally adjudicated; or
(2)
Finds the other criminal history record information is accurate and complete.
D.
The Central Repository shall:
(1)
Issue a decision regarding the appeal within 5 working days of the hearing's conclusion or the date the hearing is waived by the covered individual making the request; and
(2)
Notify the covered individual, in writing, of the decision.
E.
If an appeal under this regulation is sustained, the Central Repository shall comply with provisions under COMAR 12.15.01.07 for correcting CHRI.
Regulation .10 Referrals of Alleged Violations of Law.LinkCopy Citation
A criminal violation under Health-General Article, §19-1909, Annotated Code of Maryland, shall be referred to the State's attorney of the jurisdiction where the alleged violation occurred.
Chapter annotations
Authority: Health-General Article, §§19-1901—19-1912; Correctional Services Article, §2-109; Annotated Code of Maryland
History: Effective date: May 19, 1997 (24:10 Md. R. 710)
History: Chapter revised effective November 25, 2013 (40:23 Md. R. 1935)