28 CFR 105.27 - Miscellaneous provisions.
(a)Alternate State availability.
(1) An authorized employer may submit the employee's fingerprints to the SIB of a participating State other than the State of employment - provided it obtains the permission of the accommodating State - if the authorized employer is prevented from submitting an employee's fingerprints because the employee's employment is in:
(i) A State that does not have an applicable Public Law 92-544 statute authorizing state and national fingerprint-based criminal history checks of prospective and current private security officers and has elected to opt out; or
(ii) A participating State that has not yet established a process for receiving fingerprints and processing the checks under the regulations in this subpart.
(2) A participating State agreeing to process checks under this subsection will discontinue doing so if thereafter the State of the employee's employment establishes a process State and national fingerprint-based criminal history checks of prospective and current private security officers.
(b)FBI fees for national check. The fee imposed by the FBI to perform a fingerprint-based criminal history record check is that routinely charged for noncriminal justice fingerprint submissions as periodically noticed in the Federal Register.
(c)Penalties for misuse.
(1) In addition to incarceration for a period not to exceed two years, one who knowingly and intentionally misuses information (including a State's notification) received pursuant to the Act may be subject to a fine pursuant to 18 U.S.C. 3571.
(2) Consistent with State law, a violation of these regulations may also result in the divestiture of “authorized employer” status, thereby precluding an employer which provides security services from submitting fingerprints for a State and national criminal history record check.
(d)Exclusion from coverage. [Reserved]