Section 12.06 - Hiring Authority Responsibilities(1) The hiring authority shall ensure that all requirements of 101 CMR 15.00: Criminal Offender Record Checks, and EOHHS policies and procedures for review of CORI have been met, as applicable. No candidate for whom a CORI investigation is required, shall be referred for a fingerprint scan until the candidate has been CORI cleared.(2) In addition to applicable requirements of 101 CMR 15.00: Criminal Offender Record Checks and EOHHS CORI policies, the hiring authority shall require as a condition of employment the satisfactory completion of a DDS Criminal Background Check. The hiring authority shall confirm employment only after it receives written confirmation from the DDS Criminal Background Check Unit (CBCU) that the results of a fingerprint-based check of the state and national criminal history databases have not found the candidate unsuitable for working in a position with the potential for unsupervised contact with clients.(3) The Department's written confirmation to the hiring authority that the results of a fingerprint-based check have not found the candidate unsuitable shall be valid for a period of 60 days.(4) The hiring authority shall ensure each candidate signs a written consent to a DDS Criminal Background Check and to the periodic conduct of further Background Record Checks. The hiring authority shall inform the candidate that his or her background information and CORI will be used to check the criminal history records of the Massachusetts State Police and the FBI and that such information may require review by a criminal justice official, qualified mental health professional, or CBCU personnel conducting themselves in conformance with 115 CMR 12.00. Such consent and notification shall be included in the hiring authority's employment application materials.(5) The hiring authority shall maintain the candidate's written consent in a secure file separate from the candidate's personnel file, as applicable.(6) The hiring authority shall refer candidates eligible for a fingerprint scan by completing the prescribed DDS Criminal Background Check Request Form or its electronic equivalent and forwarding such to the CBCU.(7) The hiring authority shall ensure that any information requested by the CBCU that will assist in making a determination of a candidate's suitability is forwarded to the CBCU.(8) The hiring authority shall ensure that any individual required by M.G.L. c. 19B, §§ 19 and 20 and 115 CMR 12.00 to undergo a fingerprint-based check of the state and national criminal history databases is identified to the Department.(9) The hiring authority shall notify the CBCU of the date that any candidate terminates employment, or is otherwise no longer required by M.G.L. c. 19B, §§ 19 and 20 and 115 CMR 12.00 to undergo fingerprint-based checks of the state and national criminal history databases in accordance with such timelines established by the Department.(10) For all candidates required by M.G.L. c. 19B, §§ 19 and 20 to undergo a DDS Criminal Background Check as part of a licensing or approval determination not related to a hiring decision, the responsibilities of the hiring authority shall be performed by the individual or entity seeking licensure of the program or approval of the candidate.Adopted by Mass Register Issue 1326, eff. 11/18/2016.