Rule 23.12.107 - ACCESS TO CRIMINAL HISTORY INFORMATION PROVIDED BY THE DEPARTMENT TO QUALIFIED ENTITIES(1) A qualified entity shall register with the department before submitting a request for screening under this rule per the following conditions: (a) each request shall be voluntary and conform to the requirements established in the National Child Protection Act of 1993, as amended;(b) the qualified entity shall agree to comply with state and federal law and shall so indicate by signing an agreement approved by the department; and(c) the department may periodically audit qualified entities to ensure compliance with federal law and this rule.(2) A qualified entity shall submit a request to the department for screening of an employee, volunteer, or person applying to be an employee or volunteer, by submitting fingerprints. The qualified entity must maintain a signed waiver allowing the release of the state and national criminal history record information to the qualified entity.(3) Each request shall be accompanied by the fee authorized by 44-5-307, MCA, plus the amount currently prescribed by the Federal Bureau of Investigation for the national criminal history check in compliance with the National Child Protection Act of 1993, as amended. (4) The department shall provide directly to the qualified entity the state criminal history records that are not exempt from disclosure under 44-5-103, MCA, or otherwise confidential under law. A person who is the subject of a state criminal history record may challenge the record only as provided in 44-5-215, MCA.(5) The determination whether the criminal history record shows that the employee or volunteer has been convicted of or is under pending indictment for any crime that bears upon the fitness of the employee or volunteer to have responsibility for the safety and well-being of children, the elderly, or disabled persons shall solely be made by the qualified entity. This rule does not require the department to make such a determination on behalf of any qualified entity.(6) The qualified entity shall notify in writing the person's right to obtain a copy of any background screening report, including the criminal history records, if any, contained in the report, and of the person's right to challenge the accuracy and completeness of any information contained in any report and to obtain a determination as to the validity of the challenge before a final determination regarding the person is made by the qualified entity reviewing the criminal history information. A qualified entity that is required by law to apply screening criteria, including any right to contest or request an exemption from disqualification, shall apply screening criteria to the state and national criminal history record information received from the department for those persons subject to the required screening.Mont. Admin. r. 23.12.107
NEW, 2024 MAR p. 135, Eff. 1/27/2024AUTH: 44-5-105, MCA; IMP: 44-5-105, MCA