North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0405 - CCH USE IN LICENSING AND NON CRIMINAL JUSTICE EMPLOYMENT PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Criminal justice agencies authorized
				  under 12
				  NCAC 04H .0201 which issue licenses or
				  approve non-criminal justice employment and want to use computerized criminal
				  history information maintained by DCI for licensing, permit, and non-criminal
				  justice employment purposes shall submit to CIIS a written request listing the
				  types of licenses, permits, and employment for which they desire to use
				  computerized criminal history information. A copy of the local ordinance or a
				  reference to the North Carolina General Statute giving authority to issue a
				  particular permit or license must be included in the written request.
(b) Authorization to use computerized
				  criminal history information for licensing, permit, or employment purposes may
				  be given only after the DCI and the North Carolina Attorney General's Office
				  have evaluated and granted authorization based upon the authority of the North
				  Carolina General Statutes or local ordinance pertaining to the issuance of that
				  particular license or permit for employment.
(c) Once authorization has been given, DCI
				  shall provide the agency an access agreement, which outlines the guidelines for
				  information usage. The access agreement shall also include information on
				  billing mechanisms. DCI shall bill the agency fourteen dollars ($14.00) for a
				  check of North Carolina computerized criminal history files, and thirty-eight
				  dollars ($38.00) for a search of both the North Carolina computerized criminal
				  history files and a search of the FBI's Interstate Identification Index (III)
				  files. DCI shall send an invoice to the requesting agency to collect these
				  fees.
(d) The access agreement
				  shall be signed by the requesting agency's head, and returned to DCI.
(e) The agency's terminal, if applicable,
				  shall receive the capability to use the purpose code "E" in the purpose field
				  of the North Carolina CCH inquiry screens for employment or licensing once the
				  agency head has signed the access agreement and returned it to DCI. Once an
				  agency has received this capability, it shall use the purpose code "E", the
				  proper two character code, and the name of the person receiving the record. A
				  log of all primary and any secondary dissemination must also be kept for one
				  year on all responses received from this type of inquiry.
(f) Criminal justice agencies may also gain
				  access by submission of non-criminal justice applicant fingerprint cards.
				  Approval must be obtained pursuant to the procedure in Paragraph (a) of this
				  Rule. One applicant fingerprint card must be submitted on each individual. The
				  fingerprint card must contain the following information on the applicant in
				  order to be processed by DCI and the FBI:
(1)
				  complete name;
(2) date of
				  birth;
(3) race;
(4) sex;
(5) reason fingerprinted to include the
				  N.C.G.S. or local ordinance number;
(6) position applied for;
(7) the licensing or employing agency;
				  and
(8) a set of legible
				  fingerprint impressions.
DCI shall return the letter of fulfillment to the
					 submitting agency indicating the existence or absence of a criminal
					 record.