Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.06 - Hiring Authority Responsibilities

Current through Register 1525, July 5, 2024
(1) The
			 hiring authority shall ensure that all requirements of
			 101 CMR 15.00:
Criminal Offender Record Checks
, and EOHHS policies and
			 procedures for review of CORI have been met, as applicable. No candidate for
			 whom a CORI investigation is required, shall be referred for a fingerprint scan
			 until the candidate has been CORI cleared.
(2) In addition to applicable requirements of
			 101 CMR 15.00:
Criminal Offender Record Checks
and EOHHS CORI policies, the
			 hiring authority shall require as a condition of employment the satisfactory
			 completion of a DDS Criminal Background Check. The hiring authority shall
			 confirm employment only after it receives written confirmation from the DDS
			 Criminal Background Check Unit (CBCU) that the results of a fingerprint-based
			 check of the state and national criminal history databases have not found the
			 candidate unsuitable for working in a position with the potential for
			 unsupervised contact with clients.
(3) The Department's written confirmation to
			 the hiring authority that the results of a fingerprint-based check have not
			 found the candidate unsuitable shall be valid for a period of 60
			 days.
(4) The hiring authority
			 shall ensure each candidate signs a written consent to a DDS Criminal
			 Background Check and to the periodic conduct of further Background Record
			 Checks. The hiring authority shall inform the candidate that his or her
			 background information and CORI will be used to check the criminal history
			 records of the Massachusetts State Police and the FBI and that such information
			 may require review by a criminal justice official, qualified mental health
			 professional, or CBCU personnel conducting themselves in conformance with 115
			 CMR 12.00. Such consent and notification shall be included in the hiring
			 authority's employment application materials.
(5) The hiring authority shall maintain the
			 candidate's written consent in a secure file separate from the candidate's
			 personnel file, as applicable.
(6)
			 The hiring authority shall refer candidates eligible for a fingerprint scan by
			 completing the prescribed DDS Criminal Background Check Request Form or its
			 electronic equivalent and forwarding such to the CBCU.
(7) The hiring authority shall ensure that
			 any information requested by the CBCU that will assist in making a
			 determination of a candidate's suitability is forwarded to the CBCU.
(8) The hiring authority shall ensure that
			 any individual required by M.G.L. c. 19B, §§ 19 and 20 and 115 CMR
			 12.00 to undergo a fingerprint-based check of the state and national criminal
			 history databases is identified to the Department.
(9) The hiring authority shall notify the
			 CBCU of the date that any candidate terminates employment, or is otherwise no
			 longer required by M.G.L. c. 19B, §§ 19 and 20 and 115 CMR 12.00 to
			 undergo fingerprint-based checks of the state and national criminal history
			 databases in accordance with such timelines established by the
			 Department.
(10) For all candidates
			 required by M.G.L. c. 19B, §§ 19 and 20 to undergo a DDS Criminal
			 Background Check as part of a licensing or approval determination not related
			 to a hiring decision, the responsibilities of the hiring authority shall be
			 performed by the individual or entity seeking licensure of the program or
			 approval of the candidate.