Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 3 - DRIVER EDUCATION INSTRUCTOR APPLICANTS; CRIMINAL HISTORY RECORD; EMPLOYMENT HISTORY; BACKGROUND CHECK › Section 19-139-50 - Definitions

Current through June, 2024
As used in this subchapter:
"Affected individual" means the person to which a Federal
					 Bureau of Investigation (FBI) identification record pertains.
"Applicant" means a person seeking certification as a
					 certified driver education instructor according to the requirements of
					 subchapter
					 2.
"Arrest records" means criminal history information
					 obtained from sources other than the FBI pertaining to arrests for alleged
					 criminal behavior.
"Background information" means information pertaining to a
					 person's behavioral history that may indicate a significant risk to the health,
					 safety, or well-being of children.
"Children" means students enrolled in driver education or
					 behind-the-wheel driving courses certified by the department in subchapter
					 4.
"Clean criminal history record" means that an individual's
					 criminal history record check shows no indication of criminal behavior,
"Criminal conviction record" means criminal history
					 information obtained from sources other than the FBI pertaining to an
					 individual's conviction of a crime.
"Criminal history" means information about a person's
					 actual or alleged criminal offense (s),
"Criminal history record" means evidence of a person's
					 actual or alleged criminal offense(s) (arrests, convictions and supporting
					 information) on file with law enforcement agencies, courts, the Hawaii criminal
					 justice data center, or in the national criminal history record files.
"Criminal history record check" means an examination or
					 search for evidence of an individual's criminal history by means of;
(1) A search for the individual's fingerprints in the
					 national criminal history record files and, if found, an analysis and any other
					 information available pertaining thereto; and
(2) A criminal history record check conducted through the
					 files maintained by the Hawaii criminal justice data center.
"Department" means the department of
					 transportation.
"Driver education instructor certificate" means the card
					 issued to an instructor who has completed all requirements and has been
					 certified by the department to conduct driver education or behind-the-wheel
					 driving courses or both as defined in subchapter 4.
"Employment history" means information relating to a
					 person's past work experiences.
"FBI identification record" means a listing of certain
					 information taken from fingerprint cards submitted to and retained by the FBI
					 in connection with arrests and, in some instances, includes information taken
					 from fingerprint cards submitted in connection with federal employment,
					 naturalization, or military service. The FBI identification record is often
					 referred to as a "rap sheet". The identification record includes the name of
					 the agency or institution which submitted the fingerprint card to the FBI. If
					 the fingerprint card concerns a criminal offense, the identification record
					 includes the date arrested or received, the arrest charge, and the disposition
					 of the arrest if known to the FBI. All arrest data included in an
					 identification record are obtained from fingerprint cards, disposition reports
					 and other reports submitted by agencies having criminal justice
					 responsibilities. Therefore, the FBI Identification Division is not the source
					 of the arrest data reflected on an identification record.
"FBI rules to correct the FBI identification record" means
					 regulations published in the Federal Register by the FBI pertaining to the
					 procedure for the affected individual to obtain, review, and request change,
					 correction or updating of any alleged deficiency to the FBI identification
					 record,
"Fingerprinting" means the recording of a person's
					 fingerprints using conventionally accepted equipment and procedures to satisfy
					 the quality, readability, and specifications of the FBI's criminal history
					 record checking requirements.