1 Del. Admin. Code § 1301-8.0

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

Section 1301-8.0 - User Access to CJIS

8.1 To determine if access should be granted to an individual, the Executive Director or designee may consider whether the individual has:

8.1.1 Been charged with or convicted of a criminal offense or serious motor vehicle violation;

8.1.2 An active warrant or capias;

8.1.3 An active Protection from Abuse Order or Protection Order entered against the individual;

8.1.4 Intentionally falsified any official record;

8.1.5 Improperly accessed CJIS previously;

8.1.6 Engaged in any other activity that could endanger the security, privacy, or integrity of CJIS.

8.2 Denial Procedure

8.2.1 The Executive Director or designee makes the initial determination to deny 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.

8.2.2 The DELJIS Security Manager or designee will notify the Authorized Agency head or designee in writing by email, fax or U.S. Mail if the user is denied. A notice of denial will include the following:

8.2.2.1 Name of user requesting access; and

8.2.2.2 The reasons for the denial.

8.2.3 The DELJIS Security Manager or designee will also notify the user in writing by email, fax, or U.S. Mail if the user is denied.

8.2.4 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 denial.

8.2.5 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.

1 Del. Admin. Code § 1301-8.0

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