Cal. Code Regs. Tit. 10, § 6858 - Certified Application Counselor Fingerprinting and Criminal Record Checks; Appeals

(a) Individuals Required To Submit Fingerprinting Images.
(1) Individuals seeking certification under this Article shall submit fingerprint images and associated criminal history information pursuant to Government Code Section 1043 and Section 6456(a)-(e) of Article 4 of this Chapter.
(b) Interim Fitness Determination.
(1) Before any final determination or certification decision is made based on the criminal record, the Exchange shall comply with the requirements of Section 6456(d)-(e) of Article 4 of this Chapter.
(2) If the Exchange finds that an individual seeking certification under this Article has a potentially disqualifying criminal record under Section 6456(d)-(e) of Article 4 of this Chapter, the Exchange shall promptly provide the individual with a copy of his or her criminal record pursuant to Penal Code Section 11105(t), notify the individual of the specific disqualifying offense(s) for the interim determination, and provide the individual information on how to request a written appeal, including examples of the types of additional evidence the individual may provide, to dispute the accuracy and relevancy of the criminal record.
(c) Appeal and Final Determination.
(1) Inaccurate or Incomplete Federal and Out-of-State Disqualifying Offenses.
(A) If the individual believes that the potentially disqualifying offense in the Federal Bureau of Investigation national criminal response, identified in the notice sent pursuant to subdivision (b)(2) of this section, is inaccurate or incomplete, within 60 calendar days from the date of the notice, the individual may seek to correct or complete the response by providing information to the Exchange, including official court and law enforcement records, identifying and correcting the incomplete or inaccurate criminal history information. Upon receipt of such information, the Exchange shall reevaluate the interim fitness determination. The Exchange, within 60 calendar days, shall respond to the individual with a final determination.
(2) Inaccurate or Incomplete California Disqualifying Offenses.
(A) If the individual believes that the potentially disqualifying offense in the California Department of Justice (DOJ) state criminal response, identified in the notice sent pursuant to subdivision (b)(2) of this section, is inaccurate or incomplete, within 60 calendar days from the date of the notice, the individual shall notify the Exchange and follow the procedures set forth in Penal Code Sections 11120- 11127 to correct or complete the criminal response with the DOJ. The fitness determination shall not be final until the DOJ has acted to correct the state criminal response. Upon receipt of the corrected response, the Exchange shall reevaluate the interim fitness determination. The Exchange, within 60 calendar days, shall respond to the individual with a final determination.
(3) If the individual determines that his or her criminal record is accurate, within 60 days from the date of the notice in subdivision (b)(2) of this section, the individual may dispute the interim determination by providing additional written evidence of rehabilitation and mitigating circumstances related to any potentially disqualifying offense to the Exchange. Upon receipt of the response, the Exchange shall respond to the individual with a final determination within 60 calendar days.
(A) For purposes of reevaluating the interim determination pursuant to subdivision (c)(3) of this section, the Exchange shall take into account any of the following:
1. Any additional evidence of rehabilitation and mitigating circumstances provided by the individual in subdivision (c)(3) of this section;
2. Information received as a result of the criminal record check;
3. Information received through the individual's application process for a position requiring fingerprinting in subdivision (a) of this section.
4. Information received as a result of the individual's employment history or qualifications for a position requiring fingerprinting in subdivision (a) of this section.
(4) Absent good cause for late filing as determined by the Exchange on a case-by-case basis, the interim fitness determination shall become final.
(d) Following the receipt of a final determination pursuant to this section that an individual is disqualified from certification, the individual shall not reapply for certification for two years.
(e) Costs. Background check costs for individuals seeking certification under this Article shall be paid by the Exchange.

Notes

Cal. Code Regs. Tit. 10, § 6858

Note: Authority cited: Section 100504, Government Code. Reference: Sections 1043 and 100502, Government Code; Section 11105, Penal Code; and 45 C.F.R. Sections 155.225 and 155.260.

1. New section filed 7-6-2015 as an emergency pursuant to Government Code section 100504(a)(6); operative 7-6-2015 (Register 2015, No. 28). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-26-2016 as an emergency, including amendment of subsection (e) and repealer of subsections (e)(1)-(2); operative 5-26-2016 (Register 2016, No. 22). Section deemed as an emergency pursuant to Government Code section 100504(a)(6). A Certificate of Compliance must be transmitted to OAL by 7-6-2020 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2018, No. 37).
1. New section filed 7-6-2015 as an emergency pursuant to Government Code section 100504(a)(6); operative 7-6-2015 (Register 2015, No. 28). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-26-2016 as an emergency, including amendment of subsection (e) and repealer of subsections (e)(1)-(2); operative 5-26-2016 (Register 2016, No. 22). Section deemed as an emergency pursuant to Government Code section 100504(a)(6). A Certificate of Compliance must be transmitted to OAL by 7-6-2020 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2018, No. 37).
4. New section filed 6-7-2019; operative 6-7-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 23).

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