D.C. Mun. Regs. tit. 5, r. 5-A135

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

Rule 5-A135 - SUITABILITY FOR EMPLOYMENT: RESULTS AND APPEALS

135.1

All records of criminal background checks and child protection register checks shall be confidential and are for the exclusive use of determining suitability for employment or volunteer opportunities under this chapter. This information shall be maintained by the Facility in a secured location with limited access, and the information shall not be released or otherwise disclosed to any person except when:

(a) Required as one component of an application for employment or volunteer position with any covered child or youth services provider under this chapter;

(b) Requested by OSSE, or its designee, during an official inspection or investigation;

(c) Ordered by a court or administrative adjudicatory body by subpoena or otherwise;

(d) Authorized by the written consent of the person being investigated; or

(e) Utilized for a corrective, adverse, or administrative action in a personnel proceeding.

135.2

Any individual who discloses confidential records in violation of Section 208 of CYSHA, D.C. Official Code § 4-1501.08, is subject to criminal penalties including a fine of no more than one thousand dollars ($1,000), imprisonment for not more than one hundred and eighty (180) days, or both.

135.3

OSSE shall provide the results of the criminal background check to the Facility, in a written statement that indicates whether the current or prospective staff member is eligible or ineligible for employment, without revealing any disqualifying information regarding the individuals.

135.4

OSSE shall provide a written Notice of Ineligibility for Employment with the results of the criminal background check to the current or prospective staff member, if OSSE has determined the current or prospective staff member is ineligible for employment with a Facility due to the background check.

135.5

The Notice of Ineligibility for Employment shall:

(a) Include information related to each disqualifying crime; and

(b) Provide that the staff member may request a hearing challenging the accuracy or completeness of the information in the reports within thirty (30) days after receipt of the Notice. If no request for a hearing is made, the Notice of Ineligibility for Employment shall be final.

135.6

A current or prospective staff member may file a request for review of an OSSE's Notice of Ineligibility for Employment with Commission on Human Rights not later than thirty (30) days after the date the written notification of the Notice of Ineligibility for Employment is issued. If a request for review is not received within a timely manner, and no corrective actions are confirmed to have been taken, the Notice of Ineligibility for Employment shall become the final administrative decision of the agency.

D.C. Mun. Regs. tit. 5, r. 5-A135

Final Rulemaking published at 63 DCR 14640 (12/2/2016)