# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 15 — Criminal Justice Information System Central Repository

### Chapter 06 — Federal Bureau of Investigation, Next Generation Identification Rap Back Program

**Authority:** Criminal Procedure Article, §10-221, Annotated Code of Maryland

**Administrative History:** Effective date: March 30, 2015 (42:6 Md. R. 512)

#### Regulation .01 Purpose.

*COMAR 12.15.06.01*

This chapter establishes procedures for participation in the Federal Bureau of Investigation (FBI), Next Generation Identification Rap Back Program.

#### Regulation .02 Definitions.

*COMAR 12.15.06.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Criminal History Record Information (CHRI)” has the meaning stated in Criminal Procedure Article, §10-201, Annotated Code of Maryland.

  (2) “Criminal History Records Check” has the meaning stated in COMAR 12.15.01.03B(6).

  (3) “Federal Bureau of Investigation, Next Generation Identification Rap Back Program (FBI Rap Back Program)” means the federal service that informs an authorized non-criminal justice government agency of subsequent criminal history record information for an employee or licensee during a specified term.

  (4) “Non-criminal justice government agency” means a government agency that is not a criminal justice agency defined under Criminal Procedure Article, §10-201(d), Annotated Code of Maryland, and receives CHRI for licensing and employment purposes.

#### Regulation .03 Submitting Fingerprints to the FBI Rap Back Program.

*COMAR 12.15.06.03*

A. The Central Repository is responsible for submitting all fingerprints to the FBI Rap Back Program.

B. The Central Repository shall:

  (1) Submit the fingerprints of employees or licensees of authorized non-criminal justice government agency to the FBI; and

  (2) Retain the fingerprints of an employee or licensee of authorized non-criminal justice government agencies for future submission to the FBI Rap Back program or for national fingerprint searches.

#### Regulation .04 Issuance of a Revised Printed Statement.

*COMAR 12.15.06.04*

A. If a non-criminal justice government agency is authorized by State statute to receive federal criminal history records information, the Central Repository shall:

  (1) Enroll the non-criminal justice government agency in the FBI Rap Back Program;

  (2) Maintain a record of each previously processed individual employed or licensed by the non- criminal justice government agency; and

  (3) Distribute CHRI in accordance with the FBI Rap Back program and federal regulations.

B. Pre-Notification of CHRI Release.

  (1) The Central Repository shall electronically notify a non-criminal justice government agency enrolled in the FBI Rap Back Program of the availability of subsequent CHRI for an employee or a licensee.

  (2) A non-criminal justice government agency notified under §B(1) of this regulation shall electronically respond to the Central Repository within 3 business days of receipt of notification from the Central Repository:

    (a) Confirming that the individual is currently an employee or a licensee and the CHRI should be released to the non-criminal government agency; or

    (b) Advising that the individual is no longer an employee or a licensee and the individual should be removed from the non-criminal justice government agency FBI Rap Back Program service.

C. Annual Review of Previously Processed Individuals.

  (1) At least annually the Central Repository shall prepare and distribute a list of previously processed individuals to each non-criminal justice government agency enrolled in the FBI Rap Back Program.

  (2) From the list of previously processed individuals required under §C(1) of this regulation, the non-criminal justice government agency shall:

    (a) Delete an individual who no longer works for and may not resume work for the non-criminal justice government agency; or

    (b) Delete an individual who is no longer licensed by the non-criminal justice government agency.

  (3) The non-criminal justice government agency shall return the adjusted list required under §C(2) of this regulation to the Central Repository within 15 working days of receipt.

  (4) The Central Repository shall cease sending revised printed statements when notified that the previously processed individual has been deleted from the annually prepared list.

D. Except when prohibited by law, the Central Repository may charge a fee for providing the Rap Back Program service.