Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.2 - Billable Applicant Fingerprint Checks

Current through June 25, 2024
A memorandum of understanding must be executed between the
				  Center and any state agency authorized by state statute to submit fingerprint
				  cards to the Center. State agencies are provided fingerprint cards which are
				  assigned to the agency based on an ORI (originating agency identifier). An ORI
				  is assigned by the Federal Bureau of Investigation. The applicant/employee is
				  fingerprinted on the card which is forwarded to the Center for a state check.
				  Upon completion of the state check, the card is forwarded by the Center to the
				  Federal Bureau of Investigation (FBI) for a nationwide check. Any criminal
				  background information is returned to the requesting state agency. The agency
				  will determine an applicant's/employee's fitness for employment. A fee is
				  charged for the check which the requesting entity pays to the CIC. The CIC
				  forwards the appropriate fees to the FBI.
1. Alcoholic Beverage Control
The Alcoholic Beverage Control Commission (ABC) is required
				  to conduct a criminal history check on each applicant for an alcoholic beverage
				  license and on the applicant's key employees, as determined by ABC. The
				  applicant and applicant's key employees are fingerprinted by a local law
				  enforcement agency on fingerprint cards by ABC. The fingerprint cards are
				  returned to ABC; ABC submits the fingerprint cards to CIC. The fingerprint
				  cards are checked against the Mississippi criminal history system database and
				  forwarded to the FBI for a national criminal history record check. A fee of
				  $32.00 is charged by the CIC to process a record check based on the fingerprint
				  card.
Statutory Authority: Miss. Code Ann.
§
										67-1-57.
2. Check Cashing Business
Mississippi Department of Banking and Consumer Finance is
				  required to submit a request for fingerprint checks for its check cashing
				  applicants. Banking provides the fingerprint cards to the applicant and submits
				  the applicant's fingerprints to CIC. CIC checks the fingerprints against the
				  Mississippi criminal history system database and then forwards the fingerprints
				  to the FBI for a national criminal history records check. CIC charges a $32.00
				  fee to process a fingerprint-based record check.
Statutory Authority:
				  Miss. Code Ann.
§
										75-67-509.
3. Child Care Facilities Licensed
				by MS Department of Health
Child care facilities require all prospective and current
				  care givers to undergo a criminal history background check to determine
				  suitability for employment. The Mississippi Department of Health (MSDH)
				  provides the fingerprint cards to the facilities. The fingerprint cards are
				  submitted to CIC, checked against the Mississippi Criminal History System
				  database, and forwarded to the FBI for a national criminal history record
				  check. CIC charges a $32.00 fee to process a fingerprint-based check for an
				  employee and a fee of $23.00 for a volunteer. The MDH is authorized to set fees
				  in addition to those charged by CIC and the FBI.
Statutory Authority:
				  Miss. Code Ann.
§
										43-20-8.
4. Child Residential Agencies and
				Foster Parents/Homes
Any person, institution, facility, clinic, organization or
				  other entity that provides services to children in a residential setting as
				  described in
Miss. Code Ann.
§
										43-15-6(1)
				  must undergo a national criminal history record check and a child abuse
				  registry check for each owner, operator, employee, prospective employee,
				  volunteer or prospective volunteer of the entity that has or may have
				  unsupervised access to a child.
The Mississippi Department of Human Services (DHS) provides
				  the fingerprint card to the individual or entity. DHS submits the fingerprint
				  card to CIC, where it is checked against the Mississippi criminal history
				  system database and forwarded to the FBI for a national criminal history record
				  check. A fee of $32.00 is charged by the CIC to process a fingerprint-based
				  record check for an employee and $23.00 for a volunteer. The DHS is authorized
				  to set fees in addition to those charged by CIC and the FBI
Statutory
				  Authority: Miss. Code Ann.
§
										43-15-6.
5. Community (Regional) Mental
				Health Center Employees and/or Volunteers
The 15 Regional Mental Health - Mental Retardation Centers in
				  Mississippi (CMHC) are authorized to fingerprint and perform a criminal history
				  records check on every employee and volunteer of each community mental health
				  facility. Each CMHC submits its own applicant/employee or volunteer set of
				  fingerprints to CIC. The CMHC provides the fingerprint card to the
				  applicant/volunteer. The applicant/volunteer is fingerprinted; CMHC submits the
				  fingerprint card to CIC, where it is checked against the Mississippi criminal
				  history system database and forwarded to the FBI for a national criminal
				  history record check. The results from the check are sent from the FBI to CIC
				  and then to CMHC. Each CMHC determines the suitability of the applicant or
				  volunteer for employment or service. A fee of $32.00 is charged by the CIC to
				  process a fingerprint-based record check for an employee and $23.00 for a
				  volunteer.
Statutory Authority: 42 U.S.C. § 5119a. and Miss. Code
				  Ann.
§
										41-19-33
6. Gaming
The Gaming Commission requires all applicants or licensees
				  and gaming employees of a licensee to be fingerprinted. The Gaming Commission
				  has its own fingerprint cards which it provides to applicants. The fingerprint
				  cards are forwarded to the CIC where they are checked against the Mississippi
				  Criminal History System database and forwarded to the FBI for a national
				  criminal history record check. A fee of $32.00 is imposed to process a
				  fingerprint-based record check under this statute.
7. Home Health Agencies and Nursing
				Facilities
Any home health care agency or nursing facility may require
				  applicants for employment to undergo a criminal history records check. The
				  fingerprint cards are provided to the facility by the CIC. The facility submits
				  the set of fingerprints to CIC along with a statement signed by the applicant
				  authorizing the record check in accordance with Public Law # 105-277. The MDH
				  submits the fingerprint cards to CIC. The cards are checked against the
				  Mississippi criminal history system database and forwarded to the FBI for a
				  national criminal history record check. CIC returns the results of the criminal
				  history record check to the MDH to be disseminated to the requesting facility.
				  The facility determines the suitability of the applicant for employment. A fee
				  of $32.00 is charged by the CIC to process a fingerprint-based record check for
				  an employee and $23.00 for a volunteer.
Statutory Authority:
Public Law #105-277 (note to 28 U.S.C. § 534 ).
8. Home Health Care Agencies, Hospitals,
				Hospices, Nursing and Personal Care Homes
The Mississippi State Department of Health (MDH) is required
				  to have every new employee of a licensed entity, who provides direct patient
				  care and who is employed after July 1, 2002, and every employee of a licensed
				  entity employed before July 1, 2002, who has a documented disciplinary action
				  by his present employer, to undergo a criminal history background check to
				  determine suitability for employment. MDH provides the fingerprint card to the
				  applicant/employee to be fingerprinted. MDH submits the fingerprint card to CIC
				  to be checked against the Mississippi criminal history system database, and
				  forwarded to the FBI for a national criminal history record check. CIC returns
				  the results of the criminal history check to the MDH, which determines the
				  suitability of the applicant for employment. CIC charges $32.00 to process a
				  fingerprint-based check for an employee/applicant and $23.00 for a volunteer.
Statutory Authority: Miss. Code Ann.
§
										43-11-13
9. Information Technology Services
To qualify for the position of an information confidentiality
				  officer with the Department of Information Technology Services, a person must
				  undergo a criminal history records check. The person is fingerprinted and the
				  set of fingerprints is forwarded to the CIC, checked against the Mississippi
				  Criminal History System database, and forwarded to the FBI for a national
				  criminal history record check. A fee of $32.00 is charged to process this
				  check.
Statutory Authority: Miss. Code Ann.
§
										25-53-51.
10. MS. Dept. of Mental Health
				Employees and/or Volunteers
The Mississippi Board of Mental Health (MH) is authorized to
				  fingerprint and perform a criminal history records check on every employee and
				  volunteer. MH submits the applicant/employee or volunteer set of fingerprints
				  to CIC. The fingerprints are checked against the Mississippi criminal history
				  record check. The results of the check are sent from the FBI to CIC and then to
				  MH. MH determines the suitability of the applicant or volunteer for employment.
				  A $32.00 fee is charged to process a fingerprint-based record check for an
				  applicant/employee and $23.00 for a volunteer.
Statutory Authority:
				  Miss. Code Ann.
§
										41-4-7
11. Mortgage Companies
Applicants of mortgage companies applying for registration or
				  licensure from the Department of Banking and Consumer Finance (Banking) are
				  required to undergo criminal history record checks. The fingerprint cards are
				  provided to the applicant by the Department of Banking and Consumer Finance.
				  Banking submits a set of fingerprints obtained by a local law enforcement
				  entity to CIC. The fingerprints are checked against the Mississippi criminal
				  history database system and forwarded to the FBI for a national criminal
				  history record check. A fee of $32.00 is charged to process the record check.
Statutory Authority: Miss. Code Ann.
§
										81-18-13.
12. Non-Government Entity or
				Employer
a. State conviction information
				shall be made available for the following non-criminal justice purpose: To any
				non-governmental entity or employer authorized either in writing by the person
				who is subject to the requested record or if authorized by state or federal law
				to receive such information. Information disseminated for non-criminal justice
				purposes shall be used only for the purpose for which it was made available and
				may not be re-disseminated. The existence or non-existence of criminal history
				record information shall not be confirmed to any person or organization that is
				not eligible by law to receive the information. Non-conviction information
				shall be available for non-criminal conviction purposes. Non-governmental
				entity or employer requests must proper identification and authorization
				information from the person who is subject of a requested record and any
				request must further adhere to the CIC policies established for obtaining
				record checks.
b. The statutory
				right to view a person's own criminal history record information shall not be
				used by a prospective employer or others as a means to circumvent procedures or
				fees for accessing records for non-criminal justice purposes. The CIC may
				impose procedures, including the submission of fingerprints, fees or
				restrictions, as are reasonable and necessary for security, to verify
				identities, and for orderly and efficient information access. Release of State
				conviction information for non-criminal justice purposes shall be made only by
				CIC pursuant to certain statutory limitations. Such records will not be
				released or disclosed for non-criminal justice purposes by other agencies in
				the state. There is a $32.00 fee to process the fingerprint check.
Statutory Authority: Miss. Code Ann.
§
											45-27-12