Md. Code Regs. 12.10.01.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.10.01.05 - Background Investigation and Criminal History Record Checks

A. Background Investigation.

(1) An agency head or agency authorized under §A(7) of this regulation shall perform a background investigation to determine if an applicant:

(a) Is of good moral character and reputation;

(b) Is emotionally stable;

(c) Displays the suitable behavior necessary to perform the duties of the mandated position; and

(d) Has, at any time, been a member of a criminal gang.

(2) An agency head shall ensure that a background investigation includes:

(a) A check of military records, when applicable, including obtaining a complete copy of discharge documents;

(b) A report from a credit agency regarding current and past credit history;

(c) Examination of school records or interviews with school officials if the applicant attended a school within the last 5 years;

(d) Interviews of:

(i) Personal references;

(ii) Neighbors within the last 5 years;

(iii) Current and past employers within the last 5 years; and

(iv) Coworkers within the past 5 years;

(e) An investigation for prior use of controlled dangerous substances, narcotic drugs, and marijuana as specified under Regulation .22 of this chapter; and

(f) A search for information related to an applicant that is reported by the following criminal gang database systems:

(i) GangNet;

(ii) RISSNET; or

(iii) Other criminal gang database systems approved by the Commission.

(3) An agency head shall use a background investigation to determine whether:

(a) Information concerning the applicant's citizenship, mental and emotional fitness, and other information is accurate;

(b) The applicant is capable of performing duties of the mandated position; and

(c) The applicant meets the Commission's requirements for the mandated position.

(4) Interviews may be conducted:

(a) In person;

(b) By telephone;

(c) By using a correctional unit form or questionnaire that the interviewer or individual interviewed is required to complete; or

(d) By other lawful methods designed to elicit useful information from a person concerning the applicant.

(5) Personal Interview.

(a) The Commission considers a personal interview appropriate when the individual to be interviewed is within 50 miles of the correctional unit.

(b) Interviews with personal references and others not residing in Maryland may be conducted by correspondence or telephone.

(6) Out-of-State Applicant.

(a) If an applicant has resided or been employed in another state, an agency head:

(i) May permit the background investigation to be performed by a law enforcement agency or a legitimate private background investigation agency in the area where the applicant lived or worked outside of the State; and

(ii) Shall ensure that a search for information related to an applicant is conducted using a reliable criminal gang database system in the state where the applicant resided or was employed.

(b) If an applicant was employed in a mandated position for the federal government or another state, an agency head shall include the following information on the AFC:

(i) The name of the federal or state organization employing the applicant in a mandated position; and

(ii) Information received from the previous out-of-State federal or state employer concerning the applicant.

(7) Investigations By Other Agencies. The hiring agency head may conduct the Commission-required background investigation or may authorize another individual, office, or agency to conduct the Commission-required background investigation.

(8) An agency head, or a designee, submitting an AFC for an applicant shall:

(a) Maintain a record of the applicant's background investigation; and

(b) Include the result of the background investigation on the AFC.

(9) Derogatory Information.

(a) If derogatory information is discovered during the background investigation, an agency head shall submit details with the AFC.

(b) The Commission may refuse to certify an applicant in a mandated position based upon derogatory information.

B. Criminal History Record Checks and Fingerprints.

(1) An agency head submitting an AFC for an applicant to be certified as a correctional officer or Department of Juvenile Services employee shall require that the applicant:

(a) Be fingerprinted; and

(b) Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services for a State and national criminal history records check.

(2) An applicant applying for a criminal history records check under this section shall request the results of the criminal history records check be provided to the:

(a) Applicant;

(b) Commission; and

(c) Agency submitting the AFC for the applicant.

(3) Record of Criminal Conviction.

(a) The Commission shall include with the Commission's records for the applicant's AFC results of the criminal history records check that reveal an applicant has:

(i) Been convicted or otherwise found guilty of a felony;

(ii) Been convicted or otherwise found guilty of a misdemeanor for which a sentence of imprisonment of 1 year or more may be imposed;

(iii) Served a term of incarceration for a conviction of a misdemeanor offense; or

(iv) Served a term of incarceration as a condition of probation for a felony or misdemeanor criminal offense.

(b) The Commission may not certify an applicant in a mandated position if the applicant has a conviction for an offense under Regulation .20 of this chapter.

(4) The Commission shall notify the applicant that the applicant may contest the contents of the criminal history records check results as provided under Criminal Procedure Article, Title 10, Annotated Code of Maryland.

(5) The Commission may refuse to certify the applicant based on derogatory information resulting from the criminal history records check or other verified reliable source.

Md. Code Regs. 12.10.01.05

Regulations .05 amended effective March 10, 1978 (5:5 Md. R. 325)
Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Regulations .05 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Regulation .05B amended effective 41:3 Md. R. 202), eff. 2/17/2014 ; 41:16 Md. R. 947, eff.8/18/2014 ; amended effective 43:4 Md. R. 333, eff.2/29/2016