14B N.C. Admin. Code 18B .0405 - CCH USE IN LICENSING AND NON CRIMINAL JUSTICE EMPLOYMENT PURPOSES
(a) Criminal justice agencies authorized
under 12
NCAC 04H .0201 which issue licenses or
approve non-criminal justice employment and want to use computerized criminal
history information maintained by DCI for licensing, permit, and non-criminal
justice employment purposes shall submit to CIIS a written request listing the
types of licenses, permits, and employment for which they desire to use
computerized criminal history information. A copy of the local ordinance or a
reference to the North Carolina General Statute giving authority to issue a
particular permit or license must be included in the written request.
(b) Authorization to use computerized
criminal history information for licensing, permit, or employment purposes may
be given only after the DCI and the North Carolina Attorney General's Office
have evaluated and granted authorization based upon the authority of the North
Carolina General Statutes or local ordinance pertaining to the issuance of that
particular license or permit for employment.
(c) Once authorization has been given, DCI
shall provide the agency an access agreement, which outlines the guidelines for
information usage. The access agreement shall also include information on
billing mechanisms. DCI shall bill the agency fourteen dollars ($14.00) for a
check of North Carolina computerized criminal history files, and thirty-eight
dollars ($38.00) for a search of both the North Carolina computerized criminal
history files and a search of the FBI's Interstate Identification Index (III)
files. DCI shall send an invoice to the requesting agency to collect these
fees.
(d) The access agreement
shall be signed by the requesting agency's head, and returned to DCI.
(e) The agency's terminal, if applicable,
shall receive the capability to use the purpose code "E" in the purpose field
of the North Carolina CCH inquiry screens for employment or licensing once the
agency head has signed the access agreement and returned it to DCI. Once an
agency has received this capability, it shall use the purpose code "E", the
proper two character code, and the name of the person receiving the record. A
log of all primary and any secondary dissemination must also be kept for one
year on all responses received from this type of inquiry.
(f) Criminal justice agencies may also gain
access by submission of non-criminal justice applicant fingerprint cards.
Approval must be obtained pursuant to the procedure in Paragraph (a) of this
Rule. One applicant fingerprint card must be submitted on each individual. The
fingerprint card must contain the following information on the applicant in
order to be processed by DCI and the FBI:
(1)
complete name;
(2) date of
birth;
(3) race;
(4) sex;
(5) reason fingerprinted to include the
N.C.G.S. or local ordinance number;
(6) position applied for;
(7) the licensing or employing agency;
and
(8) a set of legible
fingerprint impressions.
DCI shall return the letter of fulfillment to the submitting agency indicating the existence or absence of a criminal record.
(g)
Requests from non-criminal justice agencies or individuals to use criminal
history information maintained by DCI for licensing and employment purposes
shall be treated as a fee for service request pursuant to
G.S.
114-19.1 or any other applicable statute. The
process for approval for non-criminal justice agencies or individuals shall be
the same process as in Paragraph (a) of this Rule.
(h) Upon being approved, the requesting
agency shall submit its requests to the North Carolina State Bureau of
Investigation, Criminal Information and Identification Section, Special
Processing Unit, 3320 Garner Road, Raleigh, North Carolina 27626. Each request
shall include a fee in the form of a certified cashier's check, money order, or
direct billing of ten dollars ($10.00) for a name-only check, fourteen dollars
($14.00) for a state-only fingerprint based check, or thirty-eight dollars
($38.00) for a state and national fingerprint based check (if
applicable).
(i) Criminal history
record information accessible pursuant to this Rule shall be North Carolina
criminal history record information, and FBI III information if permitted by
statute.
Notes
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04I .0405 Eff. November 1, 2015;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
Eff.
Transferred and Recodified from 12 NCAC 04I .0405 Eff.
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff.
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