Md. Code Regs. 12.15.02.03

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

Section 12.15.02.03 - Application Process

A. A covered individual applying for a printed statement shall:

(1) Complete and submit an application to the Central Repository using a form approved by the Central Repository that provides identifying information, including the covered individual's Social Security number, that is used by the Central Repository to verify identity and preserve the security of information maintained by the Central Repository;

(2) Submit a complete set of legible fingerprints in a format approved by the Central Repository and the FBI; and

(3) Except for provisions under §B of this regulation, pay processing fees authorized under Family Law Article, §5-561(g), Annotated Code of Maryland, and Regulation .04 of this chapter.

B. The processing fee required under §A(3) of this regulation established under:

(1) Regulation .04A of this chapter may be paid by an employer or other party; or

(2) Family Law Article, §5-561(h)(2), Annotated Code of Maryland, shall be reimbursed by a local department of social services to an adult who is a covered individual residing in a foster care home.

C. When to Apply.

(1) An employee shall apply for a criminal history records check on or before the first day of actual employment at a facility.

(2) An employer shall apply for a criminal history records check on or before the first day of actual operation of a facility.

(3) Not later than 5 working days after a child, committed to a local department of social services, is placed by that department with an adult relative, a covered individual under Family Law Article, §5-561(c) or (e), Annotated Code of Maryland, shall apply for a printed statement.

(4) A covered individual seeking to adopt a child through a local department of social services or licensed child placement agency shall apply for a printed statement on or before the submission of the application for adoption.

D. Fingerprinting Process.

(1) A covered individual applying for a printed statement shall have a complete set of legible fingerprints taken in a format approved by the Central Repository at a designated law enforcement agency or approved agency.

(2) Before being fingerprinted, a covered individual shall present a valid photo identification document.

(3) After verifying identification of a covered individual, a designated law enforcement agency or approved agency shall fingerprint the covered individual.

(4) Payment of the Fingerprinting Fee.

(a) The fee, if any, for taking fingerprints shall be paid directly to the designated law enforcement agency or approved agency providing the fingerprinting service.

(b) The fee under §D(4)(a) of this regulation excludes the processing fees under Family Law Article, §5-561, Annotated Code of Maryland.

(5) Rejection of Illegible Fingerprints.

(a) If a covered individual's fingerprints are rejected as illegible by the Central Repository or the FBI, the covered individual shall be refingerprinted by the designated law enforcement agency or approved agency taking the rejected fingerprints.

(b) If the Central Repository rejects a covered individual's fingerprints a second time as illegible, the Central Repository may decide to waive the fingerprint requirement and require other documentation for use to complete the criminal history records check.

E. Previously Processed Individual.

(1) Resuming Work for Same Employer.

(a) A previously processed individual who ceases working and later resumes work for the same employer is not required to resubmit an application with fingerprints and fees under §A of this regulation if the employer has maintained the previously processed individual's name on the Central Repository's list of previously processed individuals.

(b) Upon resuming work, an employer may require a previously processed individual to obtain a national criminal history records check and pay the applicable fee.

(2) Additional or Subsequent Employment.

(a) Except as provided under Family Law Article, §5-564(d)(2), Annotated Code of Maryland, and §E(2)(b)-(d) of this regulation:

(i) An employee who has been previously processed shall submit an application, with fingerprints and the State and federal processing fees, when applying to work for another employer.

(ii) A criminal history records check contained in a printed statement may not be redisseminated.

(b) An employee may request, using a form approved by the Central Repository, that the Central Repository send a copy of the State and national printed statement under Regulations .06 and .07 of this chapter to an additional or subsequent employer.

(c) A request under §E(2)(b) of this regulation shall contain identifying information, including the:

(i) Reference number from the most recent child care application that included fingerprints; and

(ii) Authorization number of an employer who is to receive a printed statement.

(d) The Central Repository shall issue a copy of the printed statement if:

(i) A written request from the previously processed individual is received by the Central Repository;

(ii) The written request is received within 180 days of the date of the receipt of the most recent child care application; and

(iii) The most recent child care application included fingerprints and the required processing fees.

F. Access to Fingerprinting Services.

(1) Except for legal holidays, a designated law enforcement agency and approved agency shall establish a schedule for fingerprinting services and make the schedule available to the public.

(2) The Central Repository shall provide fingerprinting services and process an application for the printed statement during regular State office hours.

Md. Code Regs. 12.15.02.03

Regulations .03 under COMAR 12.06.11 adopted as an emergency provision effective September 24, 1986 (13:21 Md. R. 2316); emergency status extended at 14:2 Md. R. 125; emergency status expired March 15, 1987
Regulations .03 under COMAR 12.06.11 adopted effective June 1, 1987 (14:11 Md. R. 1261)
Regulations .03 under COMAR 12.06.11 Criminal Background Investigations for Employees and Employers of Child Care Facilities repealed effective April 12, 1993 (20:7 Md. R. 642)
Regulations .03 under COMAR 12.15.02 Criminal Background Investigations for the Employee and Employer of a Child Care Facility adopted effective April 12, 1993 (20:7 Md. R. 642)
Regulations.03, Criminal Background Investigations for the Employee and Employer of a Child Care Facility, repealed and Regulations .01-.12, Criminal History Records Check of Individuals Who Care for or Supervise Children, adopted effective October 6, 1997 (24:20 Md. R. 1404)