9 Del. Admin. Code § 301-8.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 301-8.0 - Administrative Review8.1 The background check is only one factor being considered in the hiring or approval process. If the employer makes an adverse judgment before the check is completed or based on any criterion other than the background check, this administrative review does not apply.8.2 Any person who is determined ineligible or prohibited as a result of an adverse judgment made by the Criminal History Unit on the basis of the criminal background check results, shall be entitled to an administrative review for reconsideration.8.3 If the person believes the criminal background check information resulting in a determination of ineligible or prohibited is inaccurate or incomplete, the person may request an administrative review. The request must be submitted in writing to the Criminal History Unit within 10 business days of receiving notification of the determination of ineligible or prohibited.8.4 When a person has requested an administrative review, the following shall apply: 8.4.1 The person shall be removed from direct access to children or provisions made for on-site supervision of the person during working hours pending the results of the review.8.4.2 In the case of foster parents, children may be removed from the home or no further placements shall be made pending the results of the review.8.4.3 In the case of adoptive parents, the application shall remain active, but children may be removed from the home pending results of the review.8.4.4 The employer shall notify the criminal history specialist of the action taken with the person pending the review results. This notification is in addition to following established procedures and regulations already governing State personnel or individual facilities or agencies.8.5 In the case of an administrative review of a decision involving a Department operated facility or Department employee, the applicable division director or designee shall conduct the review in conjunction with personnel and within the context of these regulations, merit rules and labor agreements, and the employment status of the person.8.6 When the administrative review involves a Division of Family Services approved foster parent, the director of the Division of Family Services or designee shall conduct the review.8.7 In the case of an administrative review of a decision involving a contracted facility or child placing agency, the division director or designee of the contracting division shall conduct the review.8.8 In the case of an administrative review of a decision involving a licensed center, family child care, or youth camp, OCCL administrator or designee shall conduct the review.8.9 In the case of an administrative review of a decision involving a license exempt home, facility, or youth camp receiving Child Care Development Block Grant funds, the Department of Health and Social Services senior administrator or designee shall conduct the review. 8.10 The employer and the person shall be bound by the final decision of the administrative review which is made by the person that conducted the review. If the employer does not accept and follow the decision, sanctions shall apply.9 Del. Admin. Code § 301-8.0
19 DE Reg. 1023 (5/1/2016) (Final)