Section 105.27 - Miscellaneous provisions(a)Alternate State availability.(1) An authorized employer may submit the employee's fingerprints to the SIB of a participating State other than the State of employment-provided it obtains the permission of the accommodating State-if the authorized employer is prevented from submitting an employee's fingerprints because the employee's employment is in: (i) A State that does not have an applicable Public Law 92-544 statute authorizing state and national fingerprint-based criminal history checks of prospective and current private security officers and has elected to opt out; or(ii) A participating State that has not yet established a process for receiving fingerprints and processing the checks under the regulations in this subpart.(2) A participating State agreeing to process checks under this subsection will discontinue doing so if thereafter the State of the employee's employment establishes a process State and national fingerprint-based criminal history checks of prospective and current private security officers.(b)FBI fees for national check. The fee imposed by the FBI to perform a fingerprint-based criminal history record check is that routinely charged for noncriminal justice fingerprint submissions as periodically noticed in the FEDERAL REGISTER.(c)Penalties for misuse.(1) In addition to incarceration for a period not to exceed two years, one who knowingly and intentionally misuses information (including a State's notification) received pursuant to the Act may be subject to a fine pursuant to 18 U.S.C. 3571 .(2) Consistent with State law, a violation of these regulations may also result in the divestiture of "authorized employer" status, thereby precluding an employer which provides security services from submitting fingerprints for a State and national criminal history record check.(d)Exclusion from coverage. [Reserved]