- (1) Criminal history background investigations shall be performed by the Alabama Law Enforcement Agency upon request by the Department of Human Resources. The Alabama Law Enforcement Agency shall conduct a background investigation within a reasonable time of the receipt of the request. National criminal history background investigations shall be requested by the Alabama Law Enforcement Agency from the Federal Bureau of Investigation within a reasonable time of the request. The Alabama Law Enforcement Agency, upon receipt of the criminal history background investigation information report from the Federal Bureau of Investigation, shall forward the report to the Department of Human Resources within a reasonable period.
- (2) Criminal history background investigation information reports shall be sent directly from the Alabama Law Enforcement Agency to the Department of Human Resources within a reasonable time from the receipt of the report from the Federal Bureau of Investigation.
- (3) Arrest history background investigations shall be performed by local law enforcement agencies upon request by the Department of Human Resources. Local law enforcement agencies shall conduct a background investigation within a reasonable time of the receipt of the request.
- (4) Arrest history background investigation information reports shall be sent directly from the local law enforcement agency to the Department of Human Resources within a reasonable time after the background investigation has been conducted.
- (5) A copy of a criminal history report from the Alabama Law Enforcement Agency and Federal Bureau of Investigation and the local law enforcement agencies that contains potentially disqualifying crimes shall be sent by the Department of Human Resources to the applicant or employee by certified mail. The Department of Human Resources shall review the criminal history record information report and determine whether the applicant or employee meets the suitability criteria for access to Federal Tax Information based on the criminal history background investigation. The Department of Human Resources shall issue a written suitability determination to the applicant or employee. The Alabama Law Enforcement Agency shall notify the Department of Human Resources of a subsequent conviction or convictions entered into the automated system subsequent to the initial report, for a crime committed by an individual for whom a criminal history background investigation information report has been sent. The Department of Human Resources shall include the conviction in an amended or subsequent suitability determination.
- (6) A person may contest the accuracy or completeness of the Alabama criminal history background investigation information pertaining to him or her with the Alabama Law Enforcement Agency or the applicable local law enforcement agency according to procedures established by that agency. The person or his or her legal counsel may review at the Department of Human Resources a copy of the Alabama criminal history background investigation information report from the Alabama Law Enforcement Agency and the local law enforcement agency. If, upon review by the Alabama Law Enforcement Agency or the local law enforcement agency, the information is determined to be incorrect or incomplete, the information shall be corrected appropriately, and the Department of Human Resources shall be provided with the corrected information.
- (7) The Department of Human Resources shall issue a suitability determination and maintain a confidential file on individuals for whom a criminal history background investigation report or report updates have been received.
- (8) Within 30 days of the date of notification, an individual determined unsuitable for access to Federal Tax Information by the Department of Human Resources based upon a disqualifying conviction may request in writing reversal of the determination of unsuitability if the conviction is not related to those defined in the Suitability Criteria in Rule 660-1-7-.03. In the case of a felony conviction, 10 years shall have lapsed since the sentence was served or the probation or parole ended, whichever is later, with no subsequent conviction.
- (9) The Department of Human Resources and the Alabama Law Enforcement Agency may adopt rules and regulations to implement the procedures and requirements of this chapter pursuant to the Administrative Procedure Act, Section 41-22-1, et seq., of the Code of Ala. 1975.
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.