16 Del. Admin. Code § 3105-12.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 3105-12.0 - Confidentiality

12.1 DHSS shall store written and electronically-recorded BCC disclosures in a secure manner, to provide for the confidentiality of records and to protect against any possible threats to the security or integrity of the information.

12.2 DHSS shall limit the use of BCC disclosures to the sole objective of assisting employers determining the suitability of an Applicant for employment.

12.3 DHSS shall not release to employers copies of actual electronic reports of criminal history records prepared by the Federal Bureau of Investigation.

12.4 The BCC is designed to allow participants to put information regarding their facility or organization on a dedicated page titled "Employment Information". The page was designed to provide an additional resource to the public, and to provide a vehicle for the posting of available employment opportunities. DHSS retains the authority to block or edit material placed on the BCC which it deems false, misleading, or otherwise inappropriate.

12.5 The following procedure shall be established to permit the review of personal BCC disclosures by an Applicant:

12.5.1 An Applicant shall submit a request in writing to the Department for an on-site review of his BCC disclosures.

12.5.2 DLTCRP shall schedule an appointment at a mutually convenient time to enable the Applicant to review the BCC disclosures. Photo identification will be required at the time of the appointment.

12.5.3 The BCC disclosures shall be reviewed in the presence of a DLTCRP employee.

12.5.4 Written documentation of the date and time of the review and the names of those present shall be maintained by DLTCRP.

12.5.5 DLTCRP shall assist the Applicant who wishes to challenge the BCC disclosures by providing information about the source of the data and the way to pursue an appeal.

16 Del. Admin. Code § 3105-12.0

13 DE Reg. 1308 (04/01/10)
16 DE Reg. 974 (03/01/13)