<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 13A.07.14.04" title_num="13A" subtitle_num="07" chapter_num="14" heading="Reporting Violations.">
  <paragraph num="A.">
    <text>Except as provided in §D of this regulation, a prospective employer shall report to the Department if a current or former employer does not complete and return the employment history review form within 20 days of its receipt.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The prospective employer shall make the report immediately to the Department using a form specified by the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The report shall include:</text>
    <paragraph num="(1)">
      <text>The name, address, phone number, fax number, and email address for the current or former employer;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A detailed list of all attempts made by the prospective employer to contact the current or former employer, including method of contact, date of attempted contact, and any response;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any supporting documentation or other information relevant to the report; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The name of the individual making the report, along with the individual’s title, employer, address, phone number, and email address.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The prospective employer may not make a report to the Department if:</text>
    <paragraph num="(1)">
      <text>The current or former employer has no record of employing the applicant, no longer retains records for the applicant, or otherwise has no records available about the applicant;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The current or former employer is no longer in business and no other entity has records for the closed business;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The current or former employer did not complete the form because:</text>
      <paragraph num="(a)">
        <text>The laws of the state in which the current or former employer is located prohibit the release of the information or records requested; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The prospective employer did not make three attempts to obtain the form.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A current or former employer shall report to the Department if it learns that a certificated employee has knowingly provided false information in connection with an employment history review form or deliberately withheld information concerning past incidents of child sexual abuse or sexual misconduct.</text>
  </paragraph>
</regulation>