45 CFR 2540.206 - Under what circumstances may I follow alternative procedures in conducting a State criminal registry check for a covered position?

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There is 1 rule appearing in the Federal Register for 45 CFR 2540. View below or at eCFR (GPOAccess)
§ 2540.206 Under what circumstances may I follow alternative procedures in conducting a State criminal registry check for a covered position?
(a) FBI fingerprint-based check. If you conduct and document a fingerprint-based criminal history check through the Federal Bureau of Investigation, you will be deemed to have satisfied the State criminal registry check requirement and do not need separate approval by the Corporation.
(b) Name-based search. If you conduct and document a name-based criminal history check through a source other than the FBI that includes a check of the criminal records repository in the State in which your program is operating, as well as in the State in which the applicant lives, you will be deemed to have satisfied the State criminal registry check requirement and do not need separate approval by the Corporation.
(c) Alternative search approval. If you demonstrate that you are prohibited or otherwise precluded under State law from complying with a Corporation requirement relating to criminal history checks or that you can obtain substantially equivalent or better information through an alternative process, the Corporation will consider approving an alternative search protocol that you submit in writing to the Corporation's Office of Grants Management. The Office of Grants Management will review the alternative protocol to ensure that it:
(1) Verifies the identity of the individual; and
(2) Includes a search of an alternative criminal database that is sufficient to identify the existence, or absence of, criminal offenses.
[72 FR 48582, Aug. 24, 2007]

Title 45 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 45.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-05; vol. 77 # 194 - Friday, October 5, 2012
    1. 77 FR 60922 - Criminal History Check Requirements for AmeriCorps State/National, Senior Companions, Foster Grandparents, the Retired and Senior Volunteer Program, and Other National Service Programs; Final Rule
      GPO FDSys XML | Text
      CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
      Final rule.
      This final rule is effective January 1, 2013.
      45 CFR Parts 2510, 2522, 2540, 2551, and 2552

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United States Code
Presidential Documents

Executive Order ... 13331

Title 45 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 45 CFR 2540 after this date.

  • 2012-10-05; vol. 77 # 194 - Friday, October 5, 2012
    1. 77 FR 60922 - Criminal History Check Requirements for AmeriCorps State/National, Senior Companions, Foster Grandparents, the Retired and Senior Volunteer Program, and Other National Service Programs; Final Rule
      GPO FDSys XML | Text
      CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
      Final rule.
      This final rule is effective January 1, 2013.
      45 CFR Parts 2510, 2522, 2540, 2551, and 2552