Ala. Admin. Code r. 660-5-46-.09

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

Section 660-5-46-.09 - Confidentiality Of Information

(1) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection.

(2) All criminal history background information reports shall be excluded from any requirement of public disclosure as a public record.

(3) Without additional public disclosure, the following release of the criminal history background information report shall not be construed to violate this section:

(a) Showing the report to the applicant or current employee.

(b) Release of the report to a court of competent jurisdiction in the event of litigation brought by the applicant or employee.

(c) Release of the report to a court of competent jurisdiction upon a finding that the information is material to the issues of the case before the court.

(d) Use of the report in preparation, investigation, and presentation during a criminal prosecution, or in any administrative proceeding involving the challenge to a suitability determination, or revocation of a license or denial of an application for a license by the Department of Human Resources.

(e) Release to anyone with the written consent of the employee or volunteer.

(4) A person having access to criminal history background information reports and releasing the reports pursuant to this chapter shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. § 5119, etseq.

(5) Nothing in this chapter shall be construed to prohibit the distribution of employment or licensing status information to an interested party.

Authors: Dianne Wright, James E. Long

Ala. Admin. Code r. 660-5-46-.09

New Rule: Filed August 4, 2000; effective September 8, 2000; operative November 1, 2000.

Statutory Authority:42 U.S.C. §5119, etseq.; 42 U.S.C. §671(g)(20); Ala. Act No. 2000-775; Code of Ala. 1975, §§ 38-7-1, etseq., 38-2-6, 15-20-20, etseq.