Ala. Admin. Code r. 660-1-7-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-7-.03 - Definitions

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.

(b) Arrests of more than three times as related to crimes listed in paragraphs (a)1. to (a)10., inclusive will be reviewed on a case by case basis and may make an individual unsuitable for access to Federal Tax Information.

(c) A single arrest involving more than three actions as related to crimes listed in paragraphs (a)1. to (a)10., inclusive will be reviewed on a case by case basis and may make an individual unsuitable for access to Federal Tax Information.

(17) SUITABILITY DETERMINATION: A decision that an individual is or is not suitable to have access to Federal Tax Information based upon the existence of a prohibited conviction.

(18) WRITTEN CONSENT. A signed statement by the applicant or employee containing all of the following:

(a) The name, address, date of birth, race, gender, and Social Security number appearing on a valid identification document as defined in subsection (d) of 18 U.S.C. Section 1028. If the applicant or employee does not have a Social Security number because of sincerely held personal beliefs, the Social Security number shall not be required and the Department of Human Resources and the Alabama Law Enforcement Agency shall provide an alternative means of identification and procedure.

(b) Notice to the applicant or employee of the right to obtain a copy of the background investigation report, challenge the accuracy completeness of any information contained in the report, and to obtain a prompt determination as to the validity of a challenge.

(c) Release of the background investigation report to the Department of Human Resources.

Ala. Admin. Code r. 660-1-7-.03

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 12, September 30, 2021, eff. 11/14/2021.

Author: Clifford Smith

Statutory Authority:Code of Ala. 1975, §§ 41-27-10; 26 U.S.C. § 6103(p)(4)(C); P.L. 92-544.