Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-302 - Criminal background checks

(a)
The Director of the Division of Workforce Services shall establish a criminal background investigation policy for the Division of Workforce Services.
(b)
(1)
An employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the employee's job duties shall authorize:
(A)
The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and
(B)
The release of the criminal background check results to the director or his or her designee.
(2)
The employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services shall be subject to the policy established under subsection (a) of this section that shall include:
(A)
A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints;
(B)
A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information;
(C)
A criminal background check to be performed at least one (1) time every ten (10) years;
(D)
The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check;
(E)
Information received from a criminal background check to be used only for the purpose of making decisions regarding the retention of an employee in a position in which access to federal tax information may be authorized;
(F)
Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (b)(2)(D) of this section not to be released to any party other than the employee or his or her authorized representative; and
(G)
(i)
An employee who is employed by the Division of Workforce Services or by a contractor of the Division of Workforce Services required to notify the director or his or her designee of an arrest for a misdemeanor or felony offense within twenty-four (24) hours of the arrest.
(ii)
Any information received under subdivision (b)(2)(G)(i) of this section shall be used only for the purpose of the director making a decision regarding retention of an employee following the arrest.
(iii)
Failure to provide notice of a subsequent arrest under subdivision (b)(2)(G)(i) of this section is sufficient grounds for immediate termination of the employee's employment or other action as the director or his or her designee deems appropriate.
(c)
(1)
An applicant for employment with the Division of Workforce Services or with a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the applicant's job duties shall authorize:
(A)
The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and
(B)
The release of the criminal background check results to the director or his or her designee.
(2)
An applicant shall be subject to the policy established under subsection (a) of this section that shall include:
(A)
A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints;
(B)
A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information;
(C)
A criminal background check required to be performed before the applicant is employed and granted access to federal tax information and continued employment conditioned upon favorable information received from the criminal background check;
(D)
The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check;
(E)
Information received from a criminal background check to be used only for the purpose of making decisions regarding the employment of an applicant in a position in which access to federal tax information may or will be authorized; and
(F)
Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (c)(2)(D) of this section not to be released to any party other than the affected person or his or her authorized representative.
Added by Act 2019, No. 373,§ 1, eff. 3/8/2019.