(1) Prior to
submitting a CORI request, a requestor, including any individual, employer,
volunteer organization, landlord, property management company, real estate
agent, public housing authority or governmental licensing agency, shall:
(a) obtain a signed CORI Acknowledgment Form
for each subject to be checked;
(b)
verify the identity of each subject pursuant to
803
CMR
2.11(5); and
(c) sign and date a CORI Acknowledgment Form
for each subject certifying that the subject was properly identified.
(2) Model CORI Acknowledgment
Forms with the required fields of information are available on the DCJIS
website. Requestors shall either use the applicable published CORI
Acknowledgment Forms or incorporate the language and information provided on
such forms into their applications.
(3) To complete the CORI Acknowledgment Form,
the subject shall provide:
(a) all names that
have been used by the subject or by which the subject has been known;
and
(b) all different names or
dates of birth for the subject that the subject is aware appear in the CORI
database.
(4) In the
course of reviewing a CORI Acknowledgment Form, if the requestor finds other
names or dates of birth used by the subject or by which the subject has been
known, the requestor may submit this information to the iCORI system.
Requestors shall notify the subject of the source of the identifying
information when the CORI results are returned. When the requestor is a CRA,
the CRA's client shall notify the subject of the source of the identifying
information.
(5) In order to verify
the identity of a subject and to comply with
803
CMR
2.11(1)(b), one of the
following methods shall be used:
(a) A
requestor shall verify a subject's identity by examining in person a suitable
form of government-issued identification containing a photograph of the
subject. Acceptable types of government-issued identification are:
1. a passport;
2. a driver's license issued by any federal,
state, or territorial government of the United States;
3. an identification card with a photograph
issued by any federal, state, or territorial government of the United
States;
4. a permanent residency
card issued by the U.S. Government;
5. a military identification card issued by
the U.S. Government;
6. Native
American Tribal documents; and
7.
other forms of documentation as determined by DCJIS.
(b) If a subject does not have an acceptable
form of government-issued identification, a requestor shall verify identity by
examining in person either the subject's birth certificate or social security
card.
(c) If a subject is younger
than 18 years old at the time of verification and cannot be verified by any of
the documents identified in
803
CMR
2.11(5)(a) and/or (b),
then the subject's identity may be verified by a school-issued identification
card with a photograph.
(d) If a
requestor is unable to verify a subject's identity and signature in person, the
subject may submit a completed CORI Acknowledgment Form acknowledged by the
subject before a notary public.
(e)
Requestors that are unable to verify a subject's identity either in person or
by acceptance of a notarized CORI Acknowledgment Form, shall verify the
identity of the subject by inspection of a photographic form of
government-issued identification
via videoconference. A
legally designated representative may also use
803
CMR
2.11(5)(e) to submit a
personal CORI request for and on behalf of his or her client.
An employer, volunteer organization, landlord, property
management company, real estate agent, or public housing authority that
verifies a subject's identity via videoconference shall verify
the subject's identity in person or by acceptance of a notarized CORI
Acknowledgment Form within seven days of the subject reporting to work or a
volunteer opportunity or acceptance of a lease or rental. In instances where
the identity does not match the information provided, the requestor shall
submit a new CORI request with the information verified either in person or by
acceptance of a notarized CORI Acknowledgment Form.
It is not necessary for an employer, volunteer organization,
landlord, property management company, real estate agent, or public housing
authority to re-verify a prior verification by videoconference if the subject
does not subsequently report in person to work or a volunteer opportunity or
for acceptance of a lease or rental.
For any subject verified by videoconference between April 9,
2020 and June 15, 2021, which subject is required by
803
CMR 2.11(5)(e) to be
re-verified, the re-verification may be completed by July 9, 2021 but must be
completed no later than July 9, 2021
DCJIS may supplement
803 CMR
2.00 in the future with written guidance requiring
that verification by videoconference be accompanied by the electronic or paper
submission of copies of any documents described in
803
CMR 2.11(5)(a), (b), (c), or
(d).
(f) Requestors that are unable to verify a
subject's identity in person or as outlined in
803
CMR
2.11(5)(a), (b), (c), (d), or
(e) may petition DCJIS for an alternative
means of identity verification. DCJIS may grant, deny, or suggest an
alternative means of identity verification sufficient to reasonably verify the
subject's identity. DCJIS may require CORI requests verified under such
alternative means to be verified either in person or through the submission of
a notarized CORI Acknowledgment Form at a later time.
(g) DCJIS may supplement
803 CMR
2.00 with written guidance that would permit
verification by other electronic means in accordance with the terms of such
guidance.
(6) A requestor
shall submit all the following information for each request:
(a) subject's name;
(b) subject's date of birth;
(c) if available, the last six digits of the
subject's social security number; and
(d) if available, a Massachusetts Driver's
License number or Massachusetts Identification Card (Mass ID) number.
(7) For employers, volunteer
organizations, and governmental licensing agencies, CORI Acknowledgment Forms
shall be valid for one year from the subject's having signed the form or until
the conclusion of a subject's employment or licensing period, whichever comes
first.
(8) For employer, volunteer
organization, or government licensing agency may submit a new request for CORI
within one year of the subject's having signed the original CORI Acknowledgment
Form as long as the requestor notifies the subject on its CORI Acknowledgment
Form that a CORI may be requested at any time within that one year.
(9) Nothing in
803 CMR
2.00 shall be construed to prohibit an employer or
governmental licensing agency from making an adverse employment, volunteer, or
licensing decision on the basis of a subject's refusal to consent to a lawful
request for CORI.
(10) If a
subject's license expires or is revoked, a subject's CORI Acknowledgment Form
shall become invalid.
(11) CORI
Acknowledgment Forms shall be retained by the requestor for a minimum of one
year from the date of the subject's signature.
