Cal. Code Regs. Tit. 10, § 6858 - Certified Application Counselor Fingerprinting and Criminal Record Checks; Appeals
(a)
Individuals Required To Submit Fingerprinting Images.
(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(a)-(e) of
Article 4 of this Chapter.
(b) Interim Fitness Determination.
(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(d)-(e) of
Article 4 of this Chapter.
(2) If
the Exchange finds that an individual seeking certification under this Article
has a potentially disqualifying criminal record under Section
6456(d)-(e) of
Article 4 of this Chapter, 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 relevancy of the criminal
record.
(c) Appeal and
Final Determination.
(1) Inaccurate or
Incomplete Federal and Out-of-State Disqualifying Offenses.
(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)
Inaccurate or Incomplete California Disqualifying Offenses.
(A) If the individual believes that the
potentially disqualifying offense in the California Department of Justice (DOJ)
state 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 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) 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 providing additional
written evidence of rehabilitation and mitigating circumstances related to any
potentially disqualifying offense to the Exchange. Upon receipt of the
response, the Exchange shall respond to the individual with a final
determination within 60 calendar days.
(A)
For purposes of reevaluating the interim determination pursuant to subdivision
(c)(3) of this section, the Exchange shall take into account any of the
following:
1. Any additional evidence of
rehabilitation and mitigating circumstances provided by the individual in
subdivision (c)(3) of this section;
2. Information received as a result of the
criminal record check;
3.
Information received through the individual's application process for a
position requiring fingerprinting in subdivision (a) of this section.
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)
Absent good cause for late filing as determined by the Exchange on a
case-by-case basis, the interim fitness determination shall become
final.
(d) Following the
receipt of a final determination pursuant to this section that an individual is
disqualified from certification, the individual shall not reapply for
certification for two years.
(e)
Costs. Background check costs for individuals seeking certification under this
Article shall be paid by the Exchange.
Notes
2. New section refiled 5-26-2016 as an emergency, including amendment of subsection (e) and repealer of subsections (e)(1)-(2); operative 5-26-2016 (Register 2016, No. 22). Section deemed as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, c. 18). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 2 (Register 2018, No. 37).
4. New section filed 6-7-2019; operative 6-7-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 23).
5. Editorial correction of HISTORIES 1 and 2 (Register 2019, No. 39).
Note: Authority cited: Section 100504, Government Code. Reference: Sections 1043 and 100502, Government Code; Section 11105, Penal Code; and 45 C.F.R. Sections 155.225 and 155.260.
2. New section refiled 5-26-2016 as an emergency, including amendment of subsection (e) and repealer of subsections (e)(1)-(2); operative 5-26-2016 (Register 2016, No. 22). Section deemed as an emergency pursuant to Government Code section 100504(a)(6). A Certificate of Compliance must be transmitted to OAL by 7-6-2020 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2018, No. 37).
1. New section filed 7-6-2015 as an emergency pursuant to Government Code section 100504(a)(6); operative 7-6-2015 (Register 2015, No. 28). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-26-2016 as an emergency, including amendment of subsection (e) and repealer of subsections (e)(1)-(2); operative 5-26-2016 (Register 2016, No. 22). Section deemed as an emergency pursuant to Government Code section 100504(a)(6). A Certificate of Compliance must be transmitted to OAL by 7-6-2020 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2018, No. 37).
4. New section filed 6-7-2019; operative
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