(A) Any agency operating a terminal accessing
NCIC shall implement the necessary procedures to make that terminal secure from
any unauthorized use. Departure from this responsibility may result in the
removal of the offending terminal(s) from further NCIC participation.
(B) The NCIC uses hardware and software
controls to help ensure system security. However, final responsibility for the
maintenance of the security and confidentiality of criminal justice information
rests with the individual agencies participating in the NCIC system.
(C) The standards, procedures,
formats, and criteria contained in the NCIC operating manual information, which
is available on the /LEADS intranet and disseminated to LEADS agencies, must be
strictly adhered to. In this respect, LEADS must not only follow the rules set
forth, but must also ensure agencies they are servicing do the
same.
(D)
(C)
Use of NCIC services by any user agency shall be
in accordance with the instructions and procedures contained in the NCIC
operating manual, the codes contained in the NCIC code manual, and new
enhancements contained in the NCIC technical and operational updates, NCIC
newsletter, or any other official notification from FBI/NCIC.
(E)
(D)
The interstate identification index (III) shall
only be used for the administration of criminal justice. This includes the
issuing of a license or permit for a weapon or explosives when a criminal
history check is required to be performed by a criminal justice agency pursuant
to a federal, state, or local law or ordinance. If the permits or licenses are
issued by noncriminal justice agencies such as county commissioners, mayors
offices, etc., a computerized criminal history check shall only be
performed
made
available as provided in
Title 28, CFR Section
20.33(A)(3)
28 C.F.R. 20.33
(
published July 1, 2003).
(F)
(E)
Federal
public law
104-120
(criminal
history screening for public housing applicants - 1996)
"Housing Opportunity Program Extension Act of 1996"
specifies CCH/III access is authorized by federal housing authorities
in certain instances
for purposes of screening, lease enforcement, and
eviction.
Ohio housing and urban development
agencies shall not access CCH/III through a criminal justice agency. They may
apply to LEADS for access for this purpose
NCIC, LEADS, police departments, and other law enforcement
agencies shall only confirm or deny the existence of criminal history records
to hoursing and urban development agencies upon request.
(G)
(F)
Human services
federal
Federal public law
(HR 3734),
104-193
"Personal Responsibility and Work Opportunity Reconciliation Act of
1996
"
,
authorizes wanted person file access
to wanted persons files. LEADS will provide direct
access capability to state and local human services offices. LEADS users are
not authorized to provide this data for human services
purposes/use
for state and local human services
authorities. LEADS shall provide direct access capability to human services
offices as users of the system are not authorized to provide this
data.
(H)
(G)
A public children
services agency may initiate inquiries and receive computerized criminal
history information through local law enforcement agencies using LEADS and
NCIC.
Within fifteen days of the request for computerized criminal
history information, the public children services agency shall submit to
BCI&I and the FBI completed fingerprint cards of the person whose
information was submitted to the local law enforcement agency.
Prior to the release of computerized criminal history
information under this rule, the public children services agency shall:
(1) Apply for and/or have been issued an NCIC
originating agency identifier ending in the letter T.
(2) Furnish to the terminal agency providing
the computerized criminal history information the agency's NCIC originating
agency identifier.
(3) Certify the
computerized criminal history information received from local law enforcement
agencies shall only be used when exigent circumstances exist for the safe
emergency placement of a child or children and time restraints make submission
of fingerprint cards unreasonable.
(I)
(H)
The Adam Walsh Child Protection and Safety Act
of 2006,
Pub. L. No.
109-248 became effective October 1, 2006. Sections
151 and 153 of the act allow access to FBI criminal history record information
(CHRI) by governmental social service agencies with child protection
responsibilities.
(1) Those agencies meeting
NCIC requirements will be assigned an ORI with an "F" in the ninth position and
purpose code "C" will be used for inquiries made for those agencies.
(2) Terminal agencies must use the "F" ORI
assigned to the non-terminal governmental social service agency requesting the
NCIC or CCH/III inquiry. This procedure will enable the identification of NCIC
and CCH/III transactions conducted pursuant to
Section 151
the act
and will facilitate state and federal compliance audits.
Notes
Ohio Admin. Code 4501:2-10-09
Five Year Review (FYR) Dates:
01/20/2017 and
01/20/2022
Promulgated
Under: 119.03
Statutory
Authority: 5503.10
Rule
Amplifies: 5503.10
Prior
Effective Dates: 10/10/91, 04/11/94, 09/29/94. 10/21/95, 05/27/96, 07/31/98,
11/01/03, 04/22/04, 02/15/08,
04/05/13
Effective:
4/5/2013
R.C.
119.032 review dates:
01/17/2013 and
12/26/2017
Promulgated
Under: 119.03
Statutory
Authority: R.C. 5503.10
Rule
Amplifies: R.C. 5503.10
Prior
Effective Dates: 10/10/91, 4/11/94, 9/29/94. 10/21/95, 5/27/96, 7/31/98,
11/1/03, 4/22/04, 02/15/08