Section 1240-08-03-.05 - BACKGROUND CHECKS FOR VOCATIONAL REHABILITATION EMPLOYEES, CONTRACTORS, AND INTERNS(1) Background Check Requirements for Vocational Rehabilitation Employees and Interns. (a) In accordance with 34 U.S.C. § 40102(a)(1) and T.C.A. § 4-3-1208, all current and prospective Vocational Rehabilitation (VR) employees and interns with unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties include direct responsibility for such individuals shall be subject to background checks for the purpose of determining whether the individual has a history of any criminal activity, abuse, neglect, or exploitation that could pose a risk to the safety and well-being of persons served by VR.(b) All current and prospective VR employees and interns with unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties include direct responsibility for such individuals must:1. Agree to the release and disclosure to the Department of the background information and records from any reputable source, including federal, state and local governments, the Tennessee Bureau of Investigation (TBI), and any private investigation company licensed by the State of Tennessee; and2. Supply a fingerprint sample and submit to a state criminal history background check and investigation to be conducted by the TBI and a national criminal history background check and investigation to be conducted by the Federal Bureau of Investigation (FBI).(c) The cost of any background check conducted pursuant to this policy shall be paid by the Department.(d) If an employee or prospective employee does not consent to the required background check and investigation, he or she may be deemed ineligible for employment with the Department.(2) Review of Findings from Criminal Background Checks.(a) All background investigation results from the TBI shall be sent to the Department's background check unit and reviewed to determine whether the current or prospective employee, intern, or contract worker has a history of criminal convictions that could pose a safety risk for individuals receiving VR services.(b) An individual may not be eligible for a position whose duties include unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties include direct responsibility for such individuals if a background investigation finds any conviction, including but not limited to the following offenses (including convictions for equivalent offenses in other states or jurisdictions): 1. The physical, sexual or emotional abuse or neglect of a child or vulnerable person;2. A crime of violence against a child or any person;3. Any offense that presents a threat to the health, safety or welfare of children or vulnerable persons; or4. A felony conviction involving a crime of dishonesty or fraud within the past ten (10) years.(c) A criminal background check shall be conducted on all prospective employees and interns with unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties include direct responsibility for such individuals prior to the commencement of work. In no event shall a person have unsupervised contact with an individual served by VR until the criminal background check has been completed.1. After the Department offers a Conditional Offer of Employment, the applicant or transferring employee must submit to a fingerprint background check at a Department-approved site.2. The background check will be completed prior to hire and results maintained in the Department's official background check system. A copy of the Findings/No Findings letter will be placed in the personnel file.(3) Current Vocational Rehabilitation Employees and Interns.(a) Current VR employees in positions identified as having duties that include unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties include direct responsibility for such individuals must comply with the investigation requirement as directed by their supervisor as a basis for continued employment in the position. 1. Employees with convictions as provided in Rule 1240-08-03-.05(2)(b) above may be deemed ineligible for employment.2. Employees who refuse to complete the fingerprint background checks or do not get fingerprinted during the allotted time may be deemed ineligible for employment.(b) Current VR employees and interns whose current position does not provide an opportunity for unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties do not currently include direct responsibility for such individuals must have a criminal background check conducted before a change of responsibilities or positions to those that include such contact, access, or responsibility for such individuals.(4) Alleged Errors in Background Check. (a) The Department does not provide the applicant, employee, or intern a copy of the FBI criminal history record. He or she may obtain a copy of the record by submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at https://www.fbi.gov/services/cjis/identity-history-summary-checks. If he or she believes the FBI's findings contain inaccurate or incomplete information, they may contact the FBI to challenge the findings.(5) Vocational Rehabilitation Employees and Interns Reporting Requirements. (a) Any VR employee or intern who is cited, arrested, or convicted of a crime as provided in Rule 1240-08-03-.05(2)(b) shall report this information to the investigative unit within forty-eight (48) hours of the event. The Department's background check unit will share this information with the employee's or intern's direct supervisor if the event equates to a disqualifying offense.(b) Failure of a VR employee or intern to report a citation, arrest, or conviction as provided in Rule 1240-08-03-.05(2)(b) may result in disciplinary action, up to and including termination.(c) It is the responsibility of the direct supervisor or manager to report information obtained under Subparagraph (a) to the Department's Director of Human Resources and to the Department's Division of Rehabilitation Services' Director of Operations.(d) After obtaining all available information, including any reports or other documentation, the supervisor, in consultation with the Director of Human Resources or designee and the Department's Division of Rehabilitation Services' Director of Operations, may recommend any disciplinary action deemed appropriate under the circumstances for a VR employee or intern, up to and including termination.(6) Contract Vocational Rehabilitation Workers. (a) In accordance with 34 U.S.C. § 40102(a)(1) and T.C.A. § 4-3-1208, all VR contractors and any subcontractors, employees, or interns of those contractors whose duties will include unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties will include direct responsibility for such individuals shall be subject to background checks for the purpose of determining whether the individual has a history for any criminal activity, abuse, neglect, or exploitation that could pose a risk to the safety and well-being of individuals served by VR.(b) All VR contractors and any subcontractors, employees, or interns of those contractors whose duties will include unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties will include direct responsibility for such individuals must agree to the release and disclosure to the contracting agency of their background information and records from any reputable source, including federal, state, and local governments, the Tennessee Bureau of Investigation (TBI), and any private investigation company licensed by the State of Tennessee.(c) The cost of any background check conducted pursuant to this policy shall be paid by the contractor, unless otherwise specified by contract.(d) The contractor shall review all background check results so that individuals in positions whose duties will include unsupervised contact with persons served by VR, unsupervised access to the funds, personal property, or personal identification information of persons served by VR, and those whose duties will include direct responsibility for such individuals have passed the background check requirements and have no convictions as provided in Rule 1240-08-03-.05(2)(b).(e) The background check for prospective employees or interns shall be completed before entering into employment with the VR contractor or subcontractor. A copy of the background check findings shall be placed in the personnel file of the contracting agency's employee and, upon request, a copy of the letter shall be sent to the Department.(f) The background check shall be completed for current employees or interns as a condition for maintaining employment with the VR contractor or subcontractor. A copy of the background check findings shall be placed in the personnel file of the contracting agency's employee and, upon request, a copy of the letter shall be sent to the Department.(g) The provisions of this Paragraph do not apply to contracts entered into prior to the effective date of this Rule unless previously provided for by contract.Tenn. Comp. R. & Regs. 1240-08-03-.05
Original rule filed December 18, 2019; effective 3/17/2020.Authority: T.C.A. § 4-3-1208 and 34 U.S.C. § 40102(a)(1).