1. (1) The Department of Human Resources shall request the Alabama Law Enforcement Agency to conduct a criminal history background investigation and for local law enforcement agencies to conduct an arrest history background investigation for the following:

   1. (a) A current employee of the Department of Human Resources if the individual has or will have access to Federal Tax Information. Subsequent convictions of an employee, or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama Law Enforcement Agency to the Department of Human Resources as provided in this chapter. The Department of Human Resources shall pay any fees related to checks required pursuant to this chapter.
   2. (b) An employment applicant of the Department of Human Resources if the applicant will have access to Federal Tax Information. Subsequent convictions of an applicant, or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama Law Enforcement Agency to the Department of Human Resources as provided in this chapter. The Department of Human Resources shall pay any fees related to checks required pursuant to this chapter.
   3. (c) Prospective and current personnel under contract with the Department of Human Resources or working with another entity under contract with the Department of Human Resources if they have or will have access to Federal Tax Information. Subsequent convictions, or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama Law Enforcement Agency to the Department of Human Resources as provided in this chapter. The Department of Human Resources shall pay any fees related to checks required pursuant to this chapter.
2. (2) The Department of Human Resources may only request a background investigation by its chief executive officer, or his or her designee authorized in writing and notarized, and law enforcement shall render assistance, including assistance in obtaining fingerprints required for submission of a request to the Alabama Law Enforcement Association.
3. (3) Every employee or applicant for employment with the Department of Human Resources who has or will have access to Federal Tax Information shall submit two sets of fingerprints and sign a written consent to obtain the background investigation. Fingerprints shall not be required when a person is permanently physically unable to provide fingerprints, specifically double amputees with the loss of both hands. In cases involving a double amputee, a written consent to obtain available background information by name only shall be obtained from the applicant or employee through their power of attorney or authorized family member.
4. (4) An applicant who fails or refuses to give written consent or submit fingerprints necessary to obtain background information may not be employed by the Department of Human Resources if they will have access to Federal Tax Information.
5. (5) An employee who fails or refuses to give written consent or submit fingerprints necessary to obtain background information may be subject to disciplinary action, up to termination of employment, and may be reassigned pending resolution of the background check and/or disciplinary action if they have or will have access to Federal Tax Information.

Author: Clifford Smith

Statutory Authority: Code of Ala. 1975, §§41-27-10; 26 U.S.C. §6103(p)(4)(C); P.L. 92-544.

History: New Rule: Published September 30, 2021; effective November 14, 2021.