Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-7 - BACKGROUND INVESTIGATIONS › Section 660-1-7-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
When used in this chapter, the following words shall have the
				following meanings:
(1) APPLICANT. A
			 person who submits an application for employment to the State Personnel
			 Department for potential employment with the Department of Human
			 Resources.
(2) ARREST. The taking
			 or keeping of a person in custody by legal authority in response to a criminal
			 charge for the purpose of bringing the arrestee before a court or otherwise
			 securing the administration of the law.
(3) AUTOMATED SYSTEM. The computerized,
			 automated fingerprint identification system maintained by the Alabama Law
			 Enforcement Agency that allows for a computer search of the in-state database
			 for criminal history background investigation information maintained by the
			 Alabama Criminal Justice Information Center (ACJIC). The system contains
			 criminal history background information for fingerprint-based and name-based
			 searches.
(4) BACKGROUND
			 INVESTIGATION. The review of any and all records containing any information
			 collected and stored in the criminal record repository of the Federal Bureau of
			 Investigation and Alabama Law Enforcement Agency involving an arrest or
			 conviction by a criminal justice agency, including, but not limited to
			 conviction record information, fingerprint cards, correctional data and release
			 information, and identifiable descriptions and notations of convictions; an
			 inquiry of local law enforcement agencies where the person has lived, worked,
			 and/or attended school within the last 5 years to identify arrests; and
			 validation of a person's eligibility to legally work in the United
			 States.
(5) CHIEF EXECUTIVE
			 OFFICER. The Commissioner of the Department of Human Resources.
(6) CONVICTION. A determination of guilt as
			 the result of a plea, including a plea of nolo contendere, or a
			 trial.
(7) CURRENT. An individual
			 who is presently employed on the effective date of this chapter.
(8) EMPLOYEE. An individual currently in the
			 service of an employer for compensation, full-time or part-time, and employed
			 by contract or at will, in which the employer has the authority to control the
			 person in the material details of how work shall be performed and when
			 compensation shall be provided.
(9)
			 ESSENTIAL FUNCTIONS. The fundamental, not merely marginal, job duties of the
			 employee as determined by a written job description or the judgment of the
			 employer.
(10) FEDERAL TAX
			 INFORMATION. Includes return or return information received directly from the
			 Internal Revenue Service (IRS) or obtained through an authorized secondary
			 source, such as Social Security Administration, Federal Office of Child Support
			 Enforcement, Bureau of the Fiscal Service, or Centers for Medicare and Medicaid
			 Services, or another entity acting on behalf of the IRS pursuant to an IRC
			 6103(p)(2)(B) Agreement. FTI includes any information created by the recipient
			 that is derived from federal return or return information received from the IRS
			 or obtained through a secondary source.
(11) INDIVIDUAL. A natural person.
(12) LOCAL LAW ENFORCEMENT. The sheriff's
			 department of a county or the police department of a municipality.
(13) PERSON. A natural person, sometimes
			 referred to as an individual, an applicant or employee with the Department of
			 Human Resources who has or may have access to Federal Tax
			 Information.
(14) REPORT. A written
			 statement of background investigation information.
(15) RESIDENCE. Place of abode, domicile, or
			 dwelling with intention to remain permanently and continuously or for an
			 indefinite or uncertain length of time.
(16) SUITABILITY CRITERIA.
(a) Felony convictions for any of the
			 following crimes shall make an individual unsuitable for access to Federal Tax
			 Information:
1. Identity theft as proscribed
			 by the
Code of Ala. 1975
, §
										13A-8-192.
2. Trafficking in stolen identities as
			 proscribed by the
Code of Ala. 1975
, §
										13A-8-193.
3. Use of false identity to obstruct justice
			 as proscribed by the
Code of Ala. 1975
, §
										13A-8-194.
4. Public assistance fraud; penalties as
			 proscribed by the
Code of Ala. 1975
, §
										13A-9-150.
5. Misapplication of property as proscribed
			 by the
Code of Ala. 1975
, §
										13A-9-51.
6. False or fraudulent statements as
			 proscribed by the
Code of Ala. 1975
, §
										40-29-113.
7. Supplying false or fraudulent statements
			 as proscribed by the
Code of Ala. 1975
, §
										40-29-114.
8. Perjury - Aiding or abetting - False bond
			 - Fraudulent removal or concealment - False address as proscribed by the
Code of Ala. 1975
, §
										40-29-115.
9. Theft as proscribed by Chapter 8 of Title
			 13A of the
Code of Ala. 1975
related to any of the
			 crimes listed in paragraphs 1. to 8., inclusive and/or any lesser included
			 crimes listed in paragraphs 1. to 8., inclusive.
10. A crime or offense committed in another
			 state or under federal law which would constitute any of the above crimes in
			 this state.