D.C. Mun. Regs. tit. 27, r. 27-503

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 27-503 - ASSESSMENT OF INFORMATION FROM CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS

503.1

The COTR for the contract shall be solely responsible for assessing the information obtained from each criminal background check report to determine whether a final offer may be made to each applicant or employee. The COTR shall inform the contracting officer of its decision, and the contracting officer shall inform the private entity whether an offer may be made to each applicant.

503.2

The COTR for the contract shall be solely responsible for assessing the information obtained from each traffic records check to determine whether a final offer may be made to each applicant or employee. The COTR shall inform the contracting officer of its decision, and the contracting officer shall inform the private entity whether an offer may be made to each applicant.

503.3

The information obtained from the criminal background check shall not create a disqualification or presumption against employment or volunteer status of the applicant unless the COTR determines that the applicant poses a present danger to children or youth. The COTR shall consider the following factors to determine whether a final offer may be made to each applicant or employee:

(a) The specific duties and responsibilities necessarily related to the employment sought;

(b) The bearing, if any, the criminal offense for which the person was previously convicted will have on his or her fitness or ability to perform one or more of such duties or responsibilities;

(c) The time which has elapsed since the occurrence of the criminal offense;

(d) The age of the person at the time of the occurrence of the criminal offense;

(e) The frequency and seriousness of the criminal offense;

(f) Any information produced by the person, or produced on his or her behalf, regarding his or her rehabilitation and good conduct since the occurrence of the criminal offense; and

(g) The public policy that it is beneficial generally for ex-offenders to obtain employment.

D.C. Mun. Regs. tit. 27, r. 27-503

Final Rulemaking published at 56 DCR 3490 (May 1, 2009)