1. (a) Individuals Required To Submit Fingerprinting Images.

   1. (1) Individuals seeking certification under this Article shall submit fingerprint images and associated criminal history information pursuant to Government Code Section 1043 and Section 6456, subdivision (c), of these regulations.

2. (b) Interim Fitness Determination.

   1. (1) Before any final determination or certification decision is made based on the criminal record, the Exchange shall comply with the requirements of Section 6456, subdivisions (d) and (e), of these regulations.
   2. (2) If the Exchange finds that an individual seeking certification under this Article has a potentially disqualifying criminal record, the Exchange shall promptly provide the individual with a copy of his or her criminal record pursuant to Penal Code Section 11105(t), notify the individual of the specific disqualifying offense(s) for the interim determination, and provide the individual information on how to request a written appeal, including examples of the types of additional evidence the individual may provide, to dispute the accuracy and relevance of the criminal record.

3. (c) Appeal and Final Determination.

   1. (1) Inaccurate or Incomplete Federal and Out of State Disqualifying Offenses.

      1. (A) If the individual believes that the potentially disqualifying offense in the Federal Bureau of Investigation national criminal response identified in the notice sent pursuant to subdivision (b)(2) of this Section is inaccurate or incomplete, within 60 calendar days from the date of the notice, the individual may seek to correct or complete the response by providing information to the Exchange, including official court and law enforcement records, identifying and correcting the incomplete or inaccurate criminal history information. Upon receipt of such information, the Exchange shall reevaluate the interim fitness determination. The Exchange, within 60 calendar days, shall respond to the individual with a final determination.

   2. (2) Inaccurate or Incomplete California Disqualifying Offenses.

      1. (A) If the individual believes that the potentially disqualifying offense in the California Department of Justice state criminal response identified in the notice sent pursuant to subdivision (b)(2) is inaccurate or incomplete, within 60 calendar days from the date of the notice, the individual shall notify the Exchange and follow the procedures set forth in Penal Code Sections 11120-11127 to correct or complete the criminal response with the DOJ. The fitness determination shall not be final until the DOJ has acted to correct the state criminal response. Upon receipt of the corrected response, the Exchange shall reevaluate the interim fitness determination. The Exchange, within 60 calendar days, shall respond to the individual with a final determination.

   3. (3) If the individual determines that his or her criminal record is accurate, within 60 days from the date of the notice in subdivision (b)(2) of this Section, the individual may dispute the interim determination by producing additional written evidence of rehabilitation and mitigating circumstances related to any potentially disqualifying offense. The Exchange, within 60 calendar days, shall respond to the individual with a final determination.

      1. (A) For purposes of reevaluating the interim determination pursuant to subdivision (c)(3) of this Section, the Exchange shall take into account the following, if applicable:

         1. 1. Additional evidence of rehabilitation and mitigating circumstances provided by the individual in subdivision (c)(3) of this Section;
         2. 2. Information received as a result of the criminal record check;
         3. 3. Information received through the individual's application process for a position requiring fingerprinting in subdivision (a) of this Section; and
         4. 4. Information received as a result of the individual's employment history or qualifications for a position requiring fingerprinting in subdivision (a) of this Section.
   4. (4) Absent good cause for late filing as determined by the Exchange on a case-by-case basis, the interim fitness determination shall become final.
   5. (5) Following the receipt of a final determination pursuant to this Section that disqualifies an individual from certification, the individual is not eligible to reapply for certification for two years.

4. (d) Costs.

   1. (1) The Exchange shall pay the costs incurred by individuals whose duties require fingerprinting under subdivision (a) of this Section.

Note: Authority cited: Sections 1043 and 100504, Government Code. Reference: Section 100502, Government Code; Section 11105, Penal Code; and 45 C.F.R. §§ 155.205, 155.210, 155.215 and 155.260.

History

1. New section filed 7-15-2013 as an emergency; operative 7-15-2013 (Register 2013, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-13-2014 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 2014, No. 7).

3. New section filed 2-10-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 2-10-2014 (Register 2014, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-12-2014 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 5-12-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 5-12-2014 (Register 2014, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-11-2014 or emergency language will be repealed by operation of law on the following day.

5. New section refiled 7-21-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats 2014, c. 31); operative 7-21-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 7-15-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.

6. New section, including new subdivision (c)(5), refiled 12-12-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats 2014, c.31); operative 12-12-2014 (Register 2014, No. 50). A Certificate of Compliance must be transmitted to OAL by 7-15-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.

7. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 2-10-2017 or the language in the emergency order of 12-12-2014 will be repealed by operation of law on the following day (Register 2015, No. 38).

8. Certificate of Compliance as to 7-21-2014 order, including further amendment of section, transmitted to OAL 11-6-2015 and filed 12-23-2015 (Register 2015, No. 52).

9. Amendment of subsection (d)(1) filed 12-12-2016 as an emergency; operative 12-12-2016 (Register 2016, No. 51). Pursuant to Government Code section 100504, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 12-12-2021 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.

10. Editorial correction of History 9 (Register 2021, No. 13).

11. Certificate of Compliance as to 12-12-2016 order transmitted to OAL 8-27-2021 and filed 10-7-2021 (Register 2021, No. 41).