Statutes, codes, and regulations
Delaware Administrative Code
Title 1 - Authorities, Boards and CommissionsDelaware Criminal Justice Information System
Delaware Criminal Justice Information System Rules and Regulations
Section 1301-10.0 - Suspension of CJIS Access for Any Arrest or Criminal Offense of an Authorized User

1 Del. Admin. Code § 1301-10.0

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 1301-10.0 - Suspension of CJIS Access for Any Arrest or Criminal Offense of an Authorized User
10.1 Upon notification or discovery of an arrest for a criminal offense, violation, or serious motor vehicle offense, the Executive Director or designee will make the initial determination if the charge warrants a temporary suspension of the Authorized User's access. In the event that the Executive Director cannot act based on the conflict of interest provisions in the State Code of Conduct set forth in 29 Del.C. § 5806(b), the Board Chairperson shall act as the designee.
10.2 If the Executive Director or designee temporarily suspends the Authorized User's access, access will be suspended immediately. The DELJIS Security Manager or designee will notify the Authorized Agency head or designee in writing by email, fax, or U.S. Mail of the following:
10.2.1 Name of Authorized User; and
10.2.2 Date of the arrest, conviction, or violation.
10.3 The status of any suspension.
10.4 An appeal may be initiated by the user by submitting a request for a hearing in writing by email, fax or U.S. Mail to the attention of the Chairperson of the Board within fifteen (15) days of receipt of the notice of suspension.
10.5 The Board shall review the appeal and the user shall be given the opportunity to be heard by the Board within sixty (60) days of receipt of the letter of appeal, unless extenuating circumstances require a longer period.
10.6 Effect of Failure to Timely Request a Hearing within Fifteen (15) Days. If a user fails to timely request a hearing, the Board will review a summary of the matter during a regularly scheduled meeting of the Board. The DELJIS Security Manager or designee will notify the user in writing by email, fax, or U.S. Mail of the date, time, and location of the meeting. During the meeting, the DELJIS Security Manager or designee will summarize the evidence in support of the notice. The Board may affirm, modify, or reverse, in whole or in part, any decision to temporarily suspend, revoke, reject, or deny access to CJIS, and may order that such suspension, revocation, rejection, or denial become permanent without further notice.

1 Del. Admin. Code § 1301-10.0

25 DE Reg. 270 (9/1/2021)
26 DE Reg. 388 (11/1/2022) (Final)