407.1 In the case of competitive recruitment for a position requiring an enhanced suitability screening, the vacancy announcement and subsequent offer letter to the appointee shall state that:

1. (a) The position for which he or she is applying has been identified and designated as requiring enhanced suitability screening;
2. (b) If tentatively selected for the position, a criminal background check, traffic record check, consumer credit check, and mandatory drug and alcohol testing, as appropriate, will be conducted; and
3. (c) An appointee’s offer of employment shall be contingent upon receipt of a satisfactory enhanced suitability screening.

407.2 For safety sensitive positions, in addition to the requirements in § 407.1, each vacancy announcement shall state that the position is subject to pre-employment drug testing, which includes testing for cannabis, and that failing the drug test may result in disqualification even if the applicant participates in a medical marijuana program.

407.3 In the case of non-competitive recruitment for a position requiring enhanced suitability screening, the offer letter to the individual being considered for employment shall be provided and contain the information outlined in this section.

407.4 An appointee’s offer of employment shall be contingent upon receipt of a satisfactory enhanced suitability screening. No appointee shall work in an unsupervised setting, prior to receiving the results of the screening, or prior to the program administrator deciding that the appointee meets the requirements of this chapter.

SOURCE: Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020).