Section 118-5-12 - Reference and Background Checks12.1 The agency shall conduct background checks on all prospective employees, persons contracted or hired, consultants, volunteers, and students. This shall include, but not necessarily be limited to, background checks through the State Bureau of Investigation, Child Protective Services, Adult Protective Services, the Out-of-home Investigations Unit (OOH), formerly the Institutional Abuse Unit, the Maine Registry of Certified Nursing Assistants and other similar registers, the Bureau of Motor Vehicles, and such other relevant and available registers, sources of information or databases.12.1.1 Such background checks shall be conducted at the agency's expense.12.1.2 The agency shall not hire any person who has a prior criminal conviction or disciplinary action by a professional licensing, registration or accrediting body that pertains to client abuse or exploitation. See Title 5 M.R.S.A. §5301 et seq.12.1.3 In the case of an Adult or Child Protective Services, or the Out-of-Home Investigations Unit (OOH), formerly the Institutional Abuse Unit, investigation substantiating abuse, neglect, or exploitation by an employee of the agency, it is the agency's responsibility to decide what personnel action to take in response to said report, in accordance with licensing standards.12.1.4 When the operation of a motor vehicle is expected or reasonably anticipated in the course of an employee, volunteer, or student's work, the agency shall conduct a check of the driving record. The agency shall not permit an employee, volunteer, or student to transport clients if they have a conviction for operating under the influence or any other accident or violation that indicates an unsafe driving history within the past three (3) years.12.1.5 The agency shall acquire and retain evidence that all persons who in the completion of their duties are required or could be reasonably anticipated to operate a motor vehicle, have valid driver's license appropriate to the class of vehicle to be used. If a staff person, in the course of work, is operating a vehicle not provided by the agency, evidence of registration, inspection, and insurance shall be maintained. Such evidence shall be acquired at the commencement of the person's employment and shall be maintained and reviewed periodically.12.1.6 Employment of any individual shall be contingent upon results of the background checks. Background checks must be completed before the employee has any client contact without another individual present.12.1.7 If a positive check is discovered, the agency must have a policy and procedure on how this will be addressed.14-118 C.M.R. ch. 5, § 12