10 Del. Admin. Code § 201-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 201-4.0 - Registration of Key Employees of Employee Organizations

4.1 Any key employee of an employee organization shall be required to register with the Agency at the same time as the application for registration is filed under section 3.0 of these Regulations, or within thirty (30) days after the date on which such individual is elected, appointed, or hired, whichever is later.

4.2 The key employee shall register with the Agency on registration forms supplied by the Agency. Registration forms shall require the key employee to provide the following, without limitation:

4.2.1 Name, including any aliases or nicknames;

4.2.2 Title or position with the employee organization;

4.2.3 Date and place of birth;

4.2.4 Physical description;

4.2.5 Current address and residence history;

4.2.6 Social security number;

4.2.7 Citizenship and, if applicable, information concerning alien status;

4.2.8 Telephone number at current place of employment;

4.2.9 Employment history, including all positions held with a labor organization, union or affiliate, whether or not compensated;

4.2.10 Excluding minor traffic offenses, a detailed description of the following areas of criminal conduct, if any, including whether the crime involved is denominated a felony or a misdemeanor:

4.2.10.1 Any convictions;

4.2.10.2 Any criminal offenses, that occurred within ten years of the application or registration, for which the applicant or registrant was arrested, charged, indicted or summoned to answer, which are pending or for which he was not convicted;

4.2.10.3 Any criminal offenses for which he received a pardon;

4.2.11 Whether he has ever been denied a business, liquor, gaming, or professional license, or has had such license revoked;

4.2.12 Whether he has ever been found by any court or governmental agency to be unsuitable to be affiliated with a labor organization and if so, all details relating thereto;

4.2.13 Whether he has ever been subpoenaed as a witness before any grand jury, legislative body, administrative body, or crime commission on matters pertaining to the operation or performance in any labor organization, which shall include all details relating thereto.

4.2.14 All key employee applicants will be required to submit a complete set of fingerprints to the Delaware State Bureau of Identification along with the standard release information.

4.2.15 Any other information the Director determines is needed to determine the competence, honesty, and integrity of the applicant as required by Title 29 of the Delaware Code.

4.2.16 A written certification under oath by the applicant that the information contained on the application is complete and accurate.

4.2.17 A Release Authorization directing all courts, probation departments, selective service boards, employers, educational institutions, financial and other institutions and all governmental agencies to release any and all information pertaining to the applicant as requested by the Agency or the Delaware State Police that bears on and is necessary and reasonably related to the statutory standards of competence, honesty, or integrity as specified by 29 Del.C. section 4805 (a)(24)(c)(ii).

4.2.18 A waiver of liability as to the State and its instrumentalities and agents for any damages resulting to the applicant from any disclosure or publication of information acquired during the investigation process.

4.3 To the extent, if any, that the information supplied in the application form, or otherwise supplied by the applicant, becomes inaccurate or incomplete, the applicant shall so notify the Agency in writing as soon as it is aware that the information is inaccurate or incomplete, and shall at that time supply the information necessary to correct the inaccuracy or incompleteness of the information.

4.4 Upon request of the Agency, the applicant shall supplement the information provided in the application form as deemed necessary by the Agency.

4.5 All registration forms filed under these Regulations shall be valid for a one-year period and a renewed registration form or an updated supplemental registration form must be filed annually. The entity or individual filing such form is under a continuing duty to promptly notify the Director of any changes in disclosed information.

10 Del. Admin. Code § 201-4.0

1 DE Reg. 1576 (4/1/98)