N.J. Admin. Code § 13:59-1.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:59-1.4 - Prescribed forms

(a) Requesters and national requesters shall submit requests for criminal history record information on forms as prescribed by this section. The forms are issued to criminal justice agencies by the SBI. Attorneys-at-law may obtain criminal history record information pursuant to N.J.A.C. 13:59-1.2(a)3 upon the payment of the fees prescribed by N.J.A.C. 13:59-1.3 by the lawful issuance of subpoenas. Such subpoenas shall be issued in accordance with applicable rules of court and administrative procedure and shall be on notice to all parties required to receive same.

(b) For New Jersey fingerprint identification purposes, an "Applicant" fingerprint record submitted by a private entity under contract with the State utilizing a Live Scan System or a New Jersey manual fingerprint card SBI-19 shall be used. If utilized, the SBI-19 form shall be signed by the individual whose fingerprints are on the card.

(c) A Federal applicant fingerprint record created and submitted by a private entity under contract with the State utilizing a Live Scan System or a manual Federal card FD-258 shall be submitted by national requesters for information contained in NCIC or other states' computerized repositories of CHRI. If utilized, the FD-258 shall be signed by the individual whose prints are on the card.

(d) For name-based criminal history search requests, a "Request for Criminal History Record Information" form SBI-212A or SBI-212B shall be submitted.

1. These forms shall be completed in their entirety and shall contain all the information required to complete the check, including the name of the subject, the date of birth of the subject, and, when authorized pursuant to (d)2 below, the social security number of the subject.

2. Pursuant to the Privacy Act of 1974, 5 U.S.C. § 552a (note), requestors shall advise the subjects of name searches that the furnishing of social security numbers is voluntary and that if provided social security numbers will only be used for purposes of processing requests for criminal history record information.

3. Employers, potential employers, or employment agencies are also subject to the preemployment inquiry provisions of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12 et seq., and rules adopted by the New Jersey Division of Civil Rights pursuant thereto, including N.J.A.C. 13:7-1.1(g), and applicable Federal civil rights laws.

(e) The fees as prescribed in this chapter, if in the form of a check or money order, must be stapled to the front of the SBI-212A or SBI-212B form and submitted to the State Bureau of Identification for processing.

N.J. Admin. Code § 13:59-1.4

Amended by 50 N.J.R. 2418(b), effective 12/3/2018