1. A. Except as provided in §D of this regulation, a prospective employer shall report to the Department if a current or former employer does not complete and return the employment history review form within 20 days of its receipt.
2. B. The prospective employer shall make the report immediately to the Department using a form specified by the Department.

3. C. The report shall include:

   1. (1) The name, address, phone number, fax number, and email address for the current or former employer;
   2. (2) A detailed list of all attempts made by the prospective employer to contact the current or former employer, including method of contact, date of attempted contact, and any response;
   3. (3) Any supporting documentation or other information relevant to the report; and
   4. (4) The name of the individual making the report, along with the individual’s title, employer, address, phone number, and email address.

4. D. The prospective employer may not make a report to the Department if:

   1. (1) The current or former employer has no record of employing the applicant, no longer retains records for the applicant, or otherwise has no records available about the applicant;
   2. (2) The current or former employer is no longer in business and no other entity has records for the closed business;

   3. (3) The current or former employer did not complete the form because:

      1. (a) The laws of the state in which the current or former employer is located prohibit the release of the information or records requested; or
      2. (b) The disclosure of the information and records requested is restricted by the terms of a contract entered into on or before June 30, 2019; or
   4. (4) The prospective employer did not make three attempts to obtain the form.
5. E. A current or former employer shall report to the Department if it learns that a certificated employee has knowingly provided false information in connection with an employment history review form or deliberately withheld information concerning past incidents of child sexual abuse or sexual misconduct.

Authority: Education Article, §§2-205(c) and 6-113.2, Annotated Code of Maryland

Effective date: September 21, 2020 (47:19 Md. R. 850)

Regulation .02B amended effective February 21, 2022 (49:4 Md. R. 301)

Regulation .03 amended effective February 21, 2022 (49:4 Md. R. 301)