803 Mass. Reg. 2.11

Current through Register 1523, June 7, 2024

Section 2.11 - Requirements for Requestors to Request CORI

(1) Prior to submitting a CORI request, a requestor, including any individual, employer, volunteer organization, landlord, property management company, real estate agent, public housing authority or governmental licensing agency, shall:

(a) obtain a signed CORI Acknowledgment Form for each subject to be checked;

(b) verify the identity of each subject pursuant to 803 CMR 2.11(5); and

(c) sign and date a CORI Acknowledgment Form for each subject certifying that the subject was properly identified.

(2) Model CORI Acknowledgment Forms with the required fields of information are available on the DCJIS website. Requestors shall either use the applicable published CORI Acknowledgment Forms or incorporate the language and information provided on such forms into their applications.

(3) To complete the CORI Acknowledgment Form, the subject shall provide:

(a) all names that have been used by the subject or by which the subject has been known; and

(b) all different names or dates of birth for the subject that the subject is aware appear in the CORI database.

(4) In the course of reviewing a CORI Acknowledgment Form, if the requestor finds other names or dates of birth used by the subject or by which the subject has been known, the requestor may submit this information to the iCORI system. Requestors shall notify the subject of the source of the identifying information when the CORI results are returned. When the requestor is a CRA, the CRA's client shall notify the subject of the source of the identifying information.

(5) In order to verify the identity of a subject and to comply with 803 CMR 2.11(1)(b), one of the following methods shall be used:

(a) A requestor shall verify a subject's identity by examining in person a suitable form of government-issued identification containing a photograph of the subject. Acceptable types of government-issued identification are:

1. a passport;

2. a driver's license issued by any federal, state, or territorial government of the United States;

3. an identification card with a photograph issued by any federal, state, or territorial government of the United States;

4. a permanent residency card issued by the U.S. Government;

5. a military identification card issued by the U.S. Government;

6. Native American Tribal documents; and

7. other forms of documentation as determined by DCJIS.

(b) If a subject does not have an acceptable form of government-issued identification, a requestor shall verify identity by examining in person either the subject's birth certificate or social security card.

(c) If a subject is younger than 18 years old at the time of verification and cannot be verified by any of the documents identified in 803 CMR 2.11(5)(a) and/or (b), then the subject's identity may be verified by a school-issued identification card with a photograph.

(d) If a requestor is unable to verify a subject's identity and signature in person, the subject may submit a completed CORI Acknowledgment Form acknowledged by the subject before a notary public.

(e) Requestors that are unable to verify a subject's identity either in person or by acceptance of a notarized CORI Acknowledgment Form, shall verify the identity of the subject by inspection of a photographic form of government-issued identification via videoconference. A legally designated representative may also use 803 CMR 2.11(5)(e) to submit a personal CORI request for and on behalf of his or her client.

An employer, volunteer organization, landlord, property management company, real estate agent, or public housing authority that verifies a subject's identity via videoconference shall verify the subject's identity in person or by acceptance of a notarized CORI Acknowledgment Form within seven days of the subject reporting to work or a volunteer opportunity or acceptance of a lease or rental. In instances where the identity does not match the information provided, the requestor shall submit a new CORI request with the information verified either in person or by acceptance of a notarized CORI Acknowledgment Form.

It is not necessary for an employer, volunteer organization, landlord, property management company, real estate agent, or public housing authority to re-verify a prior verification by videoconference if the subject does not subsequently report in person to work or a volunteer opportunity or for acceptance of a lease or rental.

For any subject verified by videoconference between April 9, 2020 and June 15, 2021, which subject is required by 803 CMR 2.11(5)(e) to be re-verified, the re-verification may be completed by July 9, 2021 but must be completed no later than July 9, 2021

DCJIS may supplement 803 CMR 2.00 in the future with written guidance requiring that verification by videoconference be accompanied by the electronic or paper submission of copies of any documents described in 803 CMR 2.11(5)(a), (b), (c), or (d).

(f) Requestors that are unable to verify a subject's identity in person or as outlined in 803 CMR 2.11(5)(a), (b), (c), (d), or (e) may petition DCJIS for an alternative means of identity verification. DCJIS may grant, deny, or suggest an alternative means of identity verification sufficient to reasonably verify the subject's identity. DCJIS may require CORI requests verified under such alternative means to be verified either in person or through the submission of a notarized CORI Acknowledgment Form at a later time.

(g) DCJIS may supplement 803 CMR 2.00 with written guidance that would permit verification by other electronic means in accordance with the terms of such guidance.

(6) A requestor shall submit all the following information for each request:

(a) subject's name;

(b) subject's date of birth;

(c) if available, the last six digits of the subject's social security number; and

(d) if available, a Massachusetts Driver's License number or Massachusetts Identification Card (Mass ID) number.

(7) For employers, volunteer organizations, and governmental licensing agencies, CORI Acknowledgment Forms shall be valid for one year from the subject's having signed the form or until the conclusion of a subject's employment or licensing period, whichever comes first.

(8) For employer, volunteer organization, or government licensing agency may submit a new request for CORI within one year of the subject's having signed the original CORI Acknowledgment Form as long as the requestor notifies the subject on its CORI Acknowledgment Form that a CORI may be requested at any time within that one year.

(9) Nothing in 803 CMR 2.00 shall be construed to prohibit an employer or governmental licensing agency from making an adverse employment, volunteer, or licensing decision on the basis of a subject's refusal to consent to a lawful request for CORI.

(10) If a subject's license expires or is revoked, a subject's CORI Acknowledgment Form shall become invalid.

(11) CORI Acknowledgment Forms shall be retained by the requestor for a minimum of one year from the date of the subject's signature.