1 Del. Admin. Code § 1301-12.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1301-12.0 - Procedure for Conducting Administrative Investigations of Improper Access or Breach by an Authorized User

12.1 No Authorized User may refuse to cooperate in the administrative investigation of a suspected violation or breach, whether such investigation is conducted by SBI or DELJIS. Refusal to cooperate may result in a permanent suspension of the Authorized User.

12.2 An SBI investigator will conduct an administrative investigation of any Authorized User who is an employee, intern, extern, contractor, volunteer, or other individual or group of individuals acting on behalf of the Delaware State Police (DSP). DELJIS will work with the SBI investigator to explain the CJIS system functionality and screen access, if needed. The results of the administrative investigation shall be submitted to the Executive Director.

12.3 Pursuant to 11 Del.C. § 8607, a DELJIS investigator will serve as the SBI designee to conduct any administrative investigation for all Authorized User's excluding any Authorized User of DSP.

12.4 The investigator will schedule a date and time to interview the user at a mutually agreed upon location.

12.5 The interviews will be conducted in a respectful, non-hostile and or non-aggressive manner.

12.6 At the conclusion of the interview, the investigator will advise the user of the possible sanctions which may be imposed by the Board.

12.7 The investigator will fill out a written law enforcement investigative support system (LEISS) report, detailing the facts of the investigation.

12.8 The LEISS report will be approved by the Executive Director or the supervisor of the DSP officer who investigated the complaint.

12.9 At the conclusion of the investigation, the facts of the investigation will be submitted to the Attorney General's office by the Executive Director to determine if there was any violation of Delaware law warranting criminal prosecution.

12.10 At the conclusion of the investigation, 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:

12.10.1 Name of Authorized User;

12.10.2 The alleged violation and date thereof; and

12.10.3 Status of the matter following the administrative investigation.

12.11 The DELJIS Security Manager or designee will also notify the Authorized User in writing by email, fax, or U.S. Mail of the status of the matter following the administrative investigation.

12.12 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.

12.13 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.

12.14 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 § 1301-12.0

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