Section 7 AAC 10.910 - Request for background check(a) A provider must request a background check under this section, or provide proof of a valid fingerprint-based background check, for each individual to be associated with the provider in any manner described in 7 AAC 10.900(b). A provider must request a background check (1) when the provider submits an initial application for a license, certification, approval, or finding of eligibility to receive payments from the department;(2) for a new owner, officer, director, partner, member, or principal of the business organization if there is a change in ownership of the business organization, or if an officer, director, partner, member, or principal of the business organization is replaced; the background check must be completed before the individual begins association unless the department issues notice of a provisional valid background check under 7 AAC 10.920;(3) except as provided otherwise in this section, if the provider wishes to appoint a board member or to hire or retain an employee, an independent contractor, an apprentice, or an unsupervised volunteer described in 7 AAC 10.900(b)(3); the background check must be completed before appointment or hiring unless the department issues notice of a provisional valid background check under 7 AAC 10.920; (4) for an individual 16 years of age or older who is not a recipient of services, and who wishes to reside in the entity or to be present as described in 7 AAC 10.900(b) (5) or (6); the background check must be completed before the individual begins association unless (A) the department issues notice of a provisional valid background check under 7 AAC 10.920; or(B) the individual is residing in the entity before that individual's 16th birthday; for an individual described in this subparagraph, the provider must submit the information required under (b) of this section within 30 days after the individual's 16th birthday; or (5) at any time requested by the department(A) to show compliance with 7 AAC 10.900 - 7 AAC 10.990 during inspection, monitoring, or investigation; or(B) for an individual if the department has good cause to believe that the individual's background has changed;(b) The applicant or provider must submit the following with each request for a background check: (1) confirmation that a current release of information authorization, on a form provided by the department and signed by the individual for whom the request is submitted on file with the provider; (2) confirmation that an authorization, on a form provided by the department, signed by the individual for whom the request is submitted, and permitting the department to mark the individual's name in the Alaska Public Safety Information Network (APSIN) under 7 AAC 10.915(e), is on file with the provider;(3) one set of fingerprints for the individual for whom the request is submitted;(4) the fees required by the Department of Public Safety under 13 AAC 68.900(a) (2)(B) and (5);(5) an additional $40 application fee; the department will waive this fee for an unpaid volunteer who provides services to a provider that is operated by the state or recognized by the United States Internal Revenue Service as a nonprofit entity under 26 U.S.C. 501(c)(3)(c) Unless a more frequent fingerprint-based background check is required under federal law, a fingerprint-based background check is valid for five years from the date the check became valid under (h) of this section for an individual (1) whose name has been marked in APSIN on a continuous basis; (2) who has not had the background check revoked under 7 AAC 10.945, made invalid under 7 AAC 10.915(g), or rescinded under 7 AAC 10.915(h);(3) who has not had a variance approval made invalid under 7 AAC 10.935(m) or revoked under 7 AAC 10.935(n); and(4) who (A) remains associated with a provider in a manner described in 7 AAC 10.900(b), subject to verification under (d) of this section; (B) becomes re-associated with the same provider in a manner described in 7 AAC 10.900(b) within 100 days after terminating association with that provider, subject to verification under@ [(e)] of this section; or (C) becomes associated with another provider in a manner described in 7 AAC 10.900(b) within 100 days after terminating association with a previous provider, subject to verification under@ of this section. (d) At the time of association or re-association under ( c) of this section, and annually after that date, each provider must verify that each applicant described in (c)(4)(A), (B), or (C) of this section, as applicable, has a valid background check. If the department determines that the background check is not valid, the department will notify the provider that a request for a new background check must be submitted under this section, subject to any applicable fee. Each provider, and each applicant described in 7 AAC l 0. 902, is responsible for ensuring that a background check is renewed before it expires under (c) of this section for each applicant described in (c)(4)(A), (B), or (C) of this section. (g) A willful misrepresentation of an individual's background history by a provider or an applicant is cause for immediate denial of a request for a background check, or revocation of a valid background check.(h) A valid background check means that, within any applicable period referred to in this section, (1) the items listed under (b) of this section were submitted to the department; (2) the department determined that a barrier crime or condition did not exist;(3) the applicant's name has been marked in APSIN on a continuous basis and the applicant has not had (A) the background check revoked under 7 AAC 10.945, made invalid under 7 AAC 10.915(g), or rescinded under 7 AAC 10.915(h); or(B) a variance approval made invalid under 7 AAC 10.935(m) or revoked under 7 AAC 10.935(n); and(4) if applicable, any variance granted under 7 AAC 10.935 is still in effect and authorized by the department.(i) Nothing in this section precludes a provider from requiring (1) an individual who is subject to a background check under 7 AAC 10.900 - 7 AAC 10.990 to pay a cost involved in the submittal of a request under this section; the provisions of this paragraph do not apply to a foster home; or(2) a background check for an individual who is not otherwise subject to 7 AAC 10.900 - 7 AAC 10.990.(j) If a provider required to request or obtain a valid background check required under 7 AAC 10.900 - 7 AAC 10.990 does not request or obtain the required background check, that provider is disqualified, until the time a valid background check is obtained, from (1) applying for licensure, certification, or approval to be a provider;(2) receiving any payment from the department; or(3) associating with another provider in any manner described in 7 AAC 10.900(b). (k) For purposes of this section, an individual's name is marked in APSIN on a continuous basis if an individual's APSIN record has been electronically associated with the department's background check program to ensure that any new criminal history is relayed to the department on a real-time basis.Eff. 2/9/2007, Register 181; am 8/25/2010, Register 195; am 6/29/2017,Register 222, July 2017 ; am 11/7/2021, Register 236, January 2021Authority:AS 47.05.300
AS 47.05.310
AS 47.05.330
AS 47.05.340
AS 47.32.010
AS 47.32.030