1. A. Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for an instructor certification or renewal of an instructor certification shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.

2. B. The applicant shall:

   1. (1) Be fingerprinted at an official site that provides electronic digital fingerprinting, which shall include:

      1. (a) An official CJIS Central Repository site; or
      2. (b) A CJIS Central Repository approved private provider;
   2. (2) Pay the required fee, including the fee authorized under Criminal Procedure Article, §10-221(b), Annotated Code of Maryland, for access to criminal history records; and
   3. (3) Obtain a dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested.
3. C. In accordance with Criminal Procedure Article, §§10-201—10-234, Annotated Code of Maryland, the CJIS Central Repository shall forward to the Administration the applicant's criminal history record information.

4. D. Information received by the Administration on an applicant from the CJIS Central Repository shall be:

   1. (1) Confidential and may not be redisclosed; and
   2. (2) Used only to determine the eligibility or disqualification of an apprentice instructor, an instructor certification, or the renewal of an instructor's certification.
5. E. An individual subject to a criminal background check under this regulation may contest the contents of the printed statement issued by the CJIS Central Repository as provided in Criminal Procedure Article, §10-223, Annotated Code of Maryland.

Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland

Effective date: November 21, 2008 (35:23 Md. R. 2013)

Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)

Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)

Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)

Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)

Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)