Current through Register 1527, August 2, 2024
Section 12.07 - DDS Background Record Check Investigations(1) After a candidate has been CORI cleared, as applicable, the hiring authority shall forward the completed DDS Criminal Background Check Request Form or electronic equivalent to the CBCU.(2) The CBCU shall review the results of fingerprint-based checks it receives and notify the hiring authority whether a candidate has been determined suitable or unsuitable for employment, licensure, funding or approval. The report or findings of the fingerprint-based checks shall not be disclosed to the hiring authority.(3) In reviewing the results of a fingerprint-based background check, the CBCU may, at its expense, consult other available information to verify or confirm the results of a fingerprint-based background check.(4) If the results of an employee's or candidate's fingerprint-based check disclose a disqualifying conviction(s), pending matter(s), or warrant(s), the CBCU shall notify the hiring authority who shall immediately remove the employee or candidate from any position that entails the potential for unsupervised contact until such time as a final suitability determination is made.(5) Notwithstanding anything in 115 CMR 12.00, fingerprint-based checks shall be conducted on the following individuals prior to new or continued employment:(a) Candidates for whom the hiring authority or the CBCU has reason to believe have had criminal charges filed against him/her since the most recent fingerprint-based check; and(b) Candidates who have had a break or separation (not a termination) of one year or more from working in their DDS licensed, approved and/or funded employment, or any other candidate who has had a break or separation of one year or more in their status of having to undergo fingerprint-based checks in accordance with M.G.L. c. 19B, §§ 19 and 20.(6) Hiring authorities shall develop procedures that ensure the Department can perform audits of its compliance with 115 CMR 12.00.Adopted by Mass Register Issue 1326, eff. 11/18/2016.