10-144-60 Me. Code R. § 2

Current through 2024-51, December 18, 2024

Section 144-60-2 - SCOPE, EMPLOYER OBLIGATIONS, ENROLLMENT, AND FEES

A.Scope. The provisions of this rule apply to all employers and direct access workers required to use the MBCC in accordance with 22 M.R.S. §9054.

B.Employer obligations. An employer subject to this rule shall use the MBCC to conduct a comprehensive background check that includes a criminal history records check for all direct access workers. The employer shall comply with the requirements of this chapter when making employment-related decisions for direct access workers.

C.Mandatory use of the MBCC by providers: Use of the MBCC is mandatory for the following providers (as defined in 22 M.R.S. §9053) :

1. Child Care facilities;

2. Child placing agencies;

3. Children's residential care facilities;

4. Family child care providers;

5. Nursery schools;

6. Hospice providers;

7. Home health care providers;

8. Nursing facilities;

9. Personal care agencies and placement agencies;

10. Temporary nurse agencies;

11. Adult day care programs;

12. Assisted housing programs;

13. Residential care facilities;

14. Intermediate care facilities for individuals with intellectual disabilities;

15. Mental health services facilities or providers; and

16. Drug treatment centers.

D.Constitutionality clause. Should any section, paragraph, sentence, clause, or phrase of this rule be declared unconstitutional or invalid for any reason, the remainder of this rule will not be affected thereby.

E.Employer enrollment, administrator, and user requirements. Employers must comply with the following enrollment, administrator, and user requirements.

1. Employers must identify at least one individual to serve as its background check administrator.

2. The administrator must:

a. Create and maintain an account in the Department's MBCC website;

b. Complete all enrollment procedures required to use the website; and

c. Comply with all system requirements to maintain the employer's access to the website.

3. Employers may allow users other than the administrator to access the website. The administrator and each user must complete the user registration process.

4. Background check records and other personally identifiable information provided by a direct access worker are confidential and must be stored in a safe and secure manner. All users must comply with the confidentiality requirements of this rule and the applicable statutes.

5. Employers must update their user list on the website to reflect all current users.

F.User fees. User fees are assessed for each comprehensive background check performed on behalf of an employer. User fees are based on an analysis of the Department's costs for operating the MBCC and performing comprehensive background checks.

1.User Fee. The user fee will be $56 for each comprehensive background check.

2. Any changes to the User Fee will be by rulemaking, however, the user fee may not be less than $25 and no more than $150, pursuant to 22 M.R.S. §9055(1).

3.Invalid request. A request for a background check that does not include accurate information, in accordance with Section 3(C)(1) of this rule, is invalid.

a. If the Department is unable to obtain results for the direct access worker, as a result of a clerical error on the part of an employer, the employer is required to submit a new request with the missing accurate information.

b. The employer must pay the same fee for this additional request to the Department as was required by the initial background request.

c. Failure to provide accurate information does not extend any period of conditional employment.

4.Non-refundable. User fees are non-refundable if any portion of the MBCC check is performed.

10-144 C.M.R. ch. 60, § 2