7 AAC 10.920 - Provisional valid background check
(a) Subject to (b)
and (c) of this section, the department may issue notification of a provisional
valid background check after screening an applicant under
7
AAC 10.915(a) and reviewing the
criminal justice information supplied by the Department of Public Safety, if a
barrier crime or condition is not discovered in that screening and review and
if
(1) the department determines that further
review time by the department might unduly delay the process;
(2) the provider has requested an expedited
review and has
(A) included justification for
the expedited review;
(B)
submitted, at a minimum, the documents required under
7
AAC 10.910(b)(1) and (2) and the fees
required under
7
AAC 10.910(b){4) and (5);
and
(C) agreed to submit within 30
days the fingerprints required under
7
AAC 10.910(b)(3) and any items
required under
7
AAC 10.910(b)(4) and (5) that were
not included with the request; or
(3) a request for a background check does not
include the required fingerprints because fingerprinting acceptable to the
Department of Public Safety is not available within 100 miles by road, and the
provider agrees to submit within 30 days the fingerprints required under
7
AAC 10.910(b)(3) and any items
required under
7
AAC 10.910(b)(4) and (5) that were
not included with the request.
(b) Except as provided in ( c) of this
section, a provisional valid background check issued under this section is
valid for 90 days, pending completion of the background check or during the
pendency of any request for a redetermination, a variance, or a reconsideration
of a variance request. A provider shall ensure that if an applicant requests a
redetermination under 7 AAC10.927, a variance under
7
AAC 10.930 and
7
AAC 10.935, or reconsideration under
7
AAC 10.950 of a variance request, the applicant has
direct onsite supervision. The department may extend the 90-day limit if any
delay occurs that was not caused by any failure of the applicant or
provider.
(c) (c) If the provider
fails to submit fingerprints and other required items within 30 days, or if the
department determines that a barrier crime or condition exists with respect to
the applicant, the provisional valid background check is automatically revoked,
and the provider must terminate association with the applicant in accordance
with 7 AAC 10.960.
Notes
Authority:AS 47.05.300
AS 47.05.310
AS 47.05.320
AS 47.05.330
AS 47.05.340
AS 47.32.010
AS 47.32.030
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