Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 54 - Recruitment, Application and Examination › Rule 11-54.3 - Examinations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose
				of examinations.
The director or appointing authority may conduct
				examinations to assess the qualifications of applicants. Possession of a valid
				license, certificate, registration, or work permit required by the Iowa Code or
				the Iowa Administrative Code in order to practice a trade or profession may
				qualify as evidence of an applicant's basic qualifications.
(2)
Types of examinations.
Examinations may include, but are not limited to, written, oral, physical, or
				keyboard tests, and may screen for such factors as education, experience,
				aptitude, psychological traits, knowledge, character, physical fitness, or
				other standards related to job requirements.
(3)
Background checks.
Background checks and investigations, including, but not limited to, checks of
				arrest or conviction records, fingerprint records, driving records, financial
				or credit records, and child or dependent adult abuse records, constitute an
				examination or test within the meaning of this subrule and Iowa Code chapter
				8A. Confidential documents provided to the director by other agencies in
				conjunction with the administration of this rule shall continue to be
				maintained in the documents' confidential status. The director is subject to
				the same policies and penalties regarding the confidentiality of the documents
				as any employee of the agency providing the documents.
Background checks shall be conducted only after receiving
				  approval from the director concerning the areas to be checked and the standards
				  to be applied in evaluating the information gathered. Background checks are
				  subject to the following limitations and requirements:
a. Arrest record information, unless
				otherwise required by law, shall not be considered in the selection of persons
				for employment unless expressly authorized by the director
b. The appointing authority shall notify the
				director of each job class or position that requires applicants to undergo any
				type of background check. The notification shall document the clear business
				necessity for the background check and the job relatedness of each topic
				covered in the inquiry.
c. The
				appointing authority shall provide a statement that shall be presented to each
				applicant who is to be investigated under this subrule. This statement shall
				inform the applicant that the applicant is subject to a background check as a
				condition of employment and the topics to be covered in the background check.
				It shall also inform the applicant that all information gathered will be
				treated as confidential within the meaning of Iowa Code section
				22.7, but that all
				such information gathered shall be available to the applicant upon request
				through the agency authorized to release such information, unless otherwise
				specifically provided by law. The statement shall be signed and dated by the
				applicant and shall include authorization from the applicant for the appointing
				authority to conduct the background check as part of the application and
				selection process.