10 Del. Admin. Code § 202-28.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 202-28.0 - Determination of Suitability and Appeal Process

28.1 All applicants or licensees must contact the SBI to make arrangements for fingerprint processing. The SBI shall forward the results of the state and federal criminal history record checks to the attention of the Director in a confidential manner. The SBI shall also send to the Director any subsequently-obtained criminal history information of an applicant or licensee.

28.2 A fee is required for state and federal processing of criminal history records. Payment must be made in the form of a certified check, credit card, or money order. All applicants and licensees must directly pay the appropriate fee at the time the processing request is made.

28.3 All applicants must show proof of identification to complete the criminal history request.

28.4 If the Director decides that the applicant or licensee may receive a full license, the Lottery Office shall send the applicant or licensee a letter that confirms the Director's decision to issue a full license.

28.5 SBI shall send to the Director certified copies of the applicant's or licensee's criminal history and regular copies of the criminal history to the applicant or licensee.

28.6 All applicants and Agents shall notify the Lottery Office within seventy-two (72) hours of any changes in their criminal history information. The Lottery Office shall use this subsequent criminal history information in determining an applicant's suitability for licensure and an Agent's continued suitability as a licensee.

28.7 A person subject to 29 Del.C. § 4807A shall have the opportunity to respond to the Director regarding any information obtained prior to a determination of suitability for licensure. Such a response must be made within ten (10) business days of the person's receipt of the criminal background information from the SBI. The determination of suitability for licensure shall be made by the Lottery Office pursuant to the factors listed in 29 Del.C. §§ 4830 (a)-(e) in regard to an applicant's criminal history and the factors listed in Section 3.0 of these Regulations. The Lottery Office will also consider any other additional factors contained in 29 Del.C. Ch. 48 and the Regulations in considering applications for licensure.

28.8 The Lottery Office shall communicate the results of the determination of suitability in writing, within thirty (30) days of the receipt of the person's response to the criminal history information, unless extenuating circumstances require a longer period. If a determination is made to deny a person licensure, the person shall have an opportunity to appeal the denial decision as set forth in subsections 5.2 to 5.9 of these Regulations.

28.9 Confidentiality

28.9.1 All records pertaining to criminal background checks pursuant to 29 Del.C. § 4807A and all copies of suitability determinations of applicants or licensees for licensure must be maintained in a confidential manner, including, but not limited to, the following:

28.9.1.1 Access to records of criminal background checks, letters of reference accompanying out-of-state criminal background checks, and determinations of suitability of applicants or licensees must be limited to the Director and designated personnel;

28.9.1.2 All such records shall be kept in locked, fireproof cabinets;

28.9.1.3 No information from such records may be released without the signed approval of, and appropriate signed release of, the applicant or licensee.

10 Del. Admin. Code § 202-28.0

4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/1/2016)
22 DE Reg. 494 (12/1/2018) (Final)