Wis. Admin. Code Department of Health Services § DHS 157.9703 - Criminal history records checks of individuals granted unescorted access
(1)
GENERAL PERFORMANCE OBJECTIVE AND REQUIREMENTS.
(a) Except for those individuals listed in s.
DHS 157.9704 and those individuals grandfathered under s. DHS 157.9702 (2), a
licensee subject to the provisions of this subchapter shall fingerprint each
individual seeking unescorted access to category 1 or category 2 quantities of
radioactive material. The licensee shall transmit all collected fingerprints to
the NRC for transmission to the FBI. The licensee shall use the information
received from the FBI as part of the required background investigation to
determine whether the individual will be granted or denied unescorted access to
category 1 or category 2 quantities of radioactive materials.
(b) The licensee shall notify each affected
individual that the individual's fingerprints will be used to secure a review
of the individual's criminal history record, and shall also provide notice to
the individual of the procedures for revising the record or adding explanations
to the record.
(c) Fingerprinting
is not required if a licensee is reinstating an individual's unescorted access
authorization to category 1 or category 2 quantities of radioactive materials
and all the following apply:
1. The individual
returns to the same facility that granted unescorted access authorization
within 365 days of the termination of his or her unescorted access
authorization.
2. The individual's
previous unescorted access authorization was terminated under favorable
conditions.
(d)
Fingerprints do not need to be taken if an individual, who is an employee of a
licensee, contractor, manufacturer, or supplier, has been granted unescorted
access to category 1 or category 2 quantities of radioactive material; access
to safeguards information; or safeguards information-modified handling by
another licensee based upon a background investigation conducted under this
subchapter, fingerprint orders, or
10 CFR
73. An existing criminal history records
check file may be transferred to a licensee asked to grant unescorted access
under s. DHS 157.9705 (3).
(e) A
licensee shall use the information obtained as part of a criminal history
records check solely to determine an individual's suitability for unescorted
access authorization to category 1 or category 2 quantities of radioactive
materials; access to safeguards information; or safeguards information-modified
handling.
(2)
PROHIBITIONS.
(a) A licensee may not base a
final determination to deny an individual unescorted access authorization to
category 1 or category 2 quantities of radioactive material solely on the basis
of information received from the FBI's criminal history records indicating any
of the following:
1. An arrest more than one
year old for which there is no information of the disposition of the
case.
2. An arrest that resulted in
dismissal of the charge or an acquittal.
(b) A licensee may not use information
received from a criminal history records check obtained under this subchapter
in a manner that would infringe upon the rights of any individual under the
First Amendment to the Constitution of the United States, nor shall licensees
use the information in any way that would discriminate among individuals on the
basis of race, religion, national origin, gender, or age.
(3) PROCEDURES FOR PROCESSING OF FINGERPRINT
CHECKS.
(a) To comply with this subchapter, a
licensee shall submit all of the following to the NRC:
1. One completed, legible standard
fingerprint card.
2. An electronic
fingerprint scan or, where practicable, other fingerprint record for each
individual requiring unescorted access to category 1 or category 2 quantities
of radioactive material.
Note: Materials shall be submitted to: U.S. Nuclear Regulatory Commission, Director, Division of Physical and Cyber Security Policy, ATTN: Criminal History Program/Mail Stop T-07D04M, 11545 Rockville Pike, Rockville, Maryland 20852. The standard fingerprint card, Form FD-258, ORIMDNRCOOOZ), may be obtained by emailing MAILSVS.Resource@nrc.gov. Guidance on submitting electronic fingerprints can be found at https://www.nrc.gov/security/chp.html.
(b) Fees for the
processing of fingerprint checks are due upon application. The licensee shall
submit payment with the application for the processing of fingerprints through
corporate check, certified check, cashier's check, money order, or electronic
payment, made payable to "U.S. NRC."
Note: For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by emailing Crimhist.Resource@nrc.gov. Combined payment for multiple applications is acceptable. The nuclear regulatory commission publishes the amount of the fingerprint check application fee on the NRC's public website. To find the current fee amount, visit https://www.nrc.gov/security/chp.html, and follow the link titled "How do I determine how much to pay for the request?"
(c) The nuclear
regulatory commission will forward to the submitting licensee all data received
from the FBI as a result of a licensee's application for criminal history
records checks.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) GENERAL PERFORMANCE OBJECTIVE AND REQUIREMENTS.
(a) Except for those individuals listed in s. DHS 157.9704 and those individuals grandfathered under s. DHS 157.9702 (2), a licensee subject to the provisions of this subchapter shall fingerprint each individual seeking unescorted access to category 1 or category 2 quantities of radioactive material . The licensee shall transmit all collected fingerprints to the NRC for transmission to the FBI. The licensee shall use the information received from the FBI as part of the required background investigation to determine whether the individual will be granted or denied unescorted access to category 1 or category 2 quantities of radioactive materials.
(b) The licensee shall notify each affected individual that the individual's fingerprints will be used to secure a review of the individual's criminal history record, and shall also provide notice to the individual of the procedures for revising the record or adding explanations to the record.
(c) Fingerprinting is not required if a licensee is reinstating an individual's unescorted access authorization to category 1 or category 2 quantities of radioactive materials and all the following apply:
1. The individual returns to the same facility that granted unescorted access authorization within 365 days of the termination of his or her unescorted access authorization.
2. The individual's previous unescorted access authorization was terminated under favorable conditions.
(d) Fingerprints do not need to be taken if an individual, who is an employee of a licensee, contractor, manufacturer, or supplier, has been granted unescorted access to category 1 or category 2 quantities of radioactive material ; access to safeguards information; or safeguards information-modified handling by another licensee based upon a background investigation conducted under this subchapter, fingerprint orders, or 10 CFR 73. An existing criminal history records check file may be transferred to a licensee asked to grant unescorted access under s. DHS 157.9705 (3).
(e) A licensee shall use the information obtained as part of a criminal history records check solely to determine an individual's suitability for unescorted access authorization to category 1 or category 2 quantities of radioactive materials ; access to safeguards information; or safeguards information-modified handling.
(2) PROHIBITIONS.
(a) A licensee may not base a final determination to deny an individual unescorted access authorization to category 1 or category 2 quantities of radioactive material solely on the basis of information received from the FBI's criminal history records indicating any of the following:
1. An arrest more than one year old for which there is no information of the disposition of the case.
2. An arrest that resulted in dismissal of the charge or an acquittal.
(b) A licensee may not use information received from a criminal history records check obtained under this subchapter in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall licensees use the information in any way that would discriminate among individuals on the basis of race, religion, national origin, gender, or age.
(3) PROCEDURES FOR PROCESSING OF FINGERPRINT CHECKS.
(a) To comply with this subchapter, a licensee shall submit all of the following to the NRC :
1. One completed, legible standard fingerprint card.
2. An electronic fingerprint scan or, where practicable, other fingerprint record for each individual requiring unescorted access to category 1 or category 2 quantities of radioactive material .
Note: Materials shall be submitted to: U.S. Nuclear Regulatory
(b) Fees for the processing of fingerprint checks are due upon application. The licensee shall submit payment with the application for the processing of fingerprints through corporate check, certified check, cashier's check, money order, or electronic payment, made payable to "U.S. NRC ."
Note: For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by emailing Crimhist.Resource@
(c) The nuclear regulatory commission will forward to the submitting licensee all data received from the FBI as a result of a licensee's application for criminal history records checks.