N.D. Admin. Code 75-04-01-06

Current through Supplement No. 393, July, 2024

Section 75-04-01-06 - Disclosure of criminal record

1. Each member of the governing body of the applicant, the chief executive officer, and any employees, volunteers, or agents who receive and disburse funds on behalf of the governing body, or who provide any direct service to clients, shall disclose to the department if they have been found guilty of, pled guilty to, or pled no contest to a criminal offense.

2. The applicant or licensee shall conduct federal and state criminal background checks on all persons employed who work with clients, including volunteers. If the applicant or licensee is contracting or subcontracting with other entities, there must be an agreement ensuring federal and state criminal background checks have been completed on all persons employed who work with clients, including volunteers.

3. The applicant or licensee shall disclose to the department the names, type of offenses, dates of having been found guilty of, pled guilty to, or pled no contest to a criminal offense, and position and duties within the applicant's organization of employees and volunteers with a criminal record.

4. Such disclosure must not disqualify the applicant from licensure or an individual from employment or volunteering, unless having been found guilty of, pled guilty to, or pled no contest to, a crime having direct bearing on the capacity of the applicant, employee, or volunteer to provide a service under the provision of this chapter or the convicted applicant, employee, or volunteer is not sufficiently rehabilitated.

5. The department shall determine the effect of an applicant, employee, or volunteer having been found guilty of, pled guilty to, or pled no contest to, a criminal offense.

N.D. Admin Code 75-04-01-06

Effective April 1, 1982; amended effective June 1, 1986; December 1, 1995; April 1, 2000.

Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

General Authority: NDCC 25-16-06, 50-06-16

Law Implemented: NDCC 25-16-03.1