What procedures must I follow in conducting a National Service Criminal History Check for a covered position?
You are responsible for following these procedures:
(a) Verify the individual's identity by examining the individual's government-issued photo identification card, such as a driver's license;
(b) Obtain prior, written authorization for the State criminal registry check and the appropriate sharing of the results of that check within the program from the individual (but not for the NSOPR check);
(c) Document the individual's understanding that selection into the program is contingent upon the organization's review of the individual's criminal history, if any;
(d) Provide a reasonable opportunity for the individual to review and challenge the factual accuracy of a result before action is taken to exclude the individual from the position;
(e) Provide safeguards to ensure the confidentiality of any information relating to the criminal history check, consistent with authorization provided by the applicant; and
(f) Ensure that an individual, for whom the results of a required State criminal registry check are pending, is not permitted to have access to children, persons age 60 and older, or individuals with disabilities without being accompanied by an authorized program representative who has previously been cleared for such access.
[72 FR 48582, Aug. 24, 2007]
Title 45 published on 2012-10-01
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