1.Conduct subject to penalties. An employer may be subject to the penalties under this chapter for any of the following:A. Failure to conduct a mandatory background check; [2015, c. 299, §25(NEW).]B. Failure or refusal to terminate or remove from direct access employment an employee who is disqualified for employment based on the requirements of this chapter; [2023, c. 241, §79(AMD).]C. Substantial noncompliance with the procedures established by this chapter; and [2023, c. 241, §80(AMD).]D. Failure to enroll in the Background Check Center. [2023, c. 241, §81(NEW).] [2023, c. 241, §§79-81(AMD).]
2.Fines. An employer who fails to comply with the provisions of this chapter is subject to the penalties set out under this subsection. A. An employer who fails to secure a background check in accordance with this chapter or knowingly employs a disqualified individual for direct access employment commits a civil violation for which a fine of not less than $500 but not more than $10,000 per day may be adjudged, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense. [2015, c. 299, §25(NEW).]B. An employer is subject to the penalties under paragraph A if that employer conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment described in this chapter. [2015, c. 299, §25(NEW).]C. An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this chapter commits a civil violation for which a fine of not less than $500 but not more than $5,000 may be adjudged for each violation. [2015, c. 299, §25(NEW).] [2015, c. 299, §25(NEW).]
Amended by 2023SP1, c. 241,§ 81, eff. 10/25/2023.Amended by 2023SP1, c. 241,§ 80, eff. 10/25/2023.Amended by 2023SP1, c. 241,§ 79, eff. 10/25/2023.Added by 2015, c. 299,§ 25, eff. 10/15/2015.