Section 220-RICR-40-00-2.4 - Requirements for Positions with Access to FTIA. Applicants/Transfers/New Employees in Positions with Access to FTI 1. All new applicants selected for interview, including rehires and transfers, applying for a position of State employment with access to FTI, not before the time of the interview and/or prior to an employment offer, shall:a. Disclose whether such applicant has ever been convicted of a Preliminary Disqualifying Offense and/or to include, but not limited to entering any admission or plea (nolo contendere, Alford or other) and/or having received any sentence, filing, probation or fine and/or whether criminal charges are pending against such applicant. In the event thereof, the applicant must identify the charges, the disposition and the court in which such charges are or had been pending. The Department shall consider the disclosures made under this provision in accordance with factors outlined in §§ 2.5(D) (1)(a-f) of this Part;b. Consent to a criminal history record check;c. Be fingerprinted and submit to a State and National background check; andd. Submit to E-Verify validation of the applicant's eligibility to work in the United States. Any and all new State employees who work at a Site identified by the Department to contain access to FTI may be subject to E-Verify verification.2. Applicants selected for employment in a position with access to FTI shall also be subject to the provisions of this regulation related to existing employees and will be required to be recertified at least once within every ten (10) year period, during the term of his or her employment.3. Failure or refusal to complete any of the above requirements shall disqualify such applicant from employment in a position with access to FTI.B. Existing Employees 1. Existing employees in positions in all executive branch departments with Access to FTI are obligated to inform their direct supervisor and the agency's designated human resources representative in writing within twenty-four (24) hours or the next business day, whichever is sooner, of any criminal arrest and/or conviction of a Preliminary Disqualifying Offense, including, but not limited to, any pleas, filings, nolo contendere, etc. Employees who fail to inform their supervisor and human resources of an arrest or conviction of a Preliminary Disqualifying Offense shall be subject to disciplinary action up to and including dismissal.2. Initially, and at least once within every ten (10) year period, in addition to the affirmative obligation in § 2.4(B)(1) of this Part, each existing State employee with FTI access must: a. Complete a written certification disclosing whether such employee has ever been convicted of a crime, including, but not limited to, any plea, filings, nolo contendere or whether criminal charges are pending against such employee. The statement must identify the charges and the court in which such charges were/are pending;b. Consent to a criminal history record check; and c. Be fingerprinted and submit to a background check.3. Failure or refusal to complete any of the above requirements shall result in disciplinary action up to and including dismissal.C. Agency Requirements1. Annually, on or before July 30th, each Executive Branch Agency and its contractors shall provide to the State Personnel Administrator, a list of employees with FTI access.2. The agency shall promptly notify the Division if a position becomes FTI accessible.3. The agency shall immediately notify the Division in writing within twenty-four (24) hours or the next business day, whichever is sooner, if it becomes aware of any agency employee with access to FTI is criminally arrested and/or convicted, including, but not limited to, any pleas, filings, nolo contendere.4. The agency shall limit access of its employees to FTI to the greatest extent possible.5. The agency shall inform its employees of the requirements stated in these regulations.220 R.I. Code R. 220-RICR-40-00-2.4
Adopted effective 2/23/2020