Each carrier must obtain a criminal background check for each employee or any
agent representing the carrier whose duties may require contact with the public
or entry into a private residence or storage facility for the purpose of
providing or facilitating the transportation of household goods. For the
purpose of this rule:
(a) Carriers subject to
these requirements are referred to as "Subject Employers."
(b) Employees or agents whose duties are
described in this rule are referred to as "Subject Individuals."
(c) Criminal background checks must be
completed prior to employment of Subject Individual and must be completed every
Criminal Background Check means a public record of court actions regarding the
Subject Individual covering each state the Subject Individual has resided in
the last five years.
(a) Subject Employers
must require each Subject Individual, as a condition of employment, to sign a
release authorizing the Subject Employer to obtain the criminal background
check required by this rule;
The Department may require Subject Employers to obtain additional criminal
background information from law enforcement on Subject Individuals;
(c) Criminal background checks must include a
list of offenses that the Subject Employee has been convicted in a court of law
and the date of each conviction.
Subject Employers must certify in their
annual report due April 1 of each year that they are in compliance with all
rules of the department and provide the following information about criminal
history check activities:
(a) The number of
Subject Individuals on whom criminal history checks were done during the
preceding calendar year;
number of criminal history checks resulting in evidence of a criminal history
(A) Information about what was
found without identifying the individual by name; and
(B) The Subject Employer's decision as to
whether the Subject Individual was hired, or continued in employment, and if
so, an explanation as to why.
Subject Individuals may not perform
duties which may require contact with the public or entry into a private
residence or storage facility for the purpose of providing or facilitating the
transportation of household goods if they have been convicted of any felony
within the five years preceding the criminal background check. In addition to
any felony conviction, Subject Individuals may not have been convicted of a
(c) Sexual conduct;
(d) Manufacture, sale or distribution of a
(f) False statements.
(5) Criminal background
checks required by this rule must be retained by the carrier for at least three
years from the date obtained.
Or. Admin. R. 740-060-0045
MCTD 2-2009, f. &
cert. ef. 9-29-09; MCTD 5-2013, f. & cert. ef.