Md. Code Regs. 12.10.01.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.10.01.08 - Standards for Recertification

A. An applicant for recertification to a mandated position who previously received a provisional certification in a mandated position by the Commission shall meet the standards under this regulation for the mandated position that the applicant is seeking recertification to before the applicant may perform duties of the mandated position.

B. Information Required for a Recertification Applicant. An agency head, or a designee, submitting an AFC for recertification under this regulation shall require that the following are performed for the applicant:

(1) A criminal history record check and fingerprinting under Regulation .05 of this chapter;

(2) A drug screening under Regulation .21 of this chapter;

(3) A check with the applicant's previous correctional unit to:

(a) Determine the reason for separation;

(b) Ensure that the applicant left in good standing; and

(c) Assess past work performance;

(4) An investigation for the applicant's prior use of controlled dangerous substances, narcotic drugs, and marijuana according to requirements under Regulation .22 of this chapter;

(5) The physical and mental health examinations required under Regulation .04 of this chapter; and

(6) The background investigation review and assurances, or full background investigation, as required under §E of this regulation.

C. Required Additional Information for Certain Applicants. If an applicant for recertification has not been employed in a mandated position at a correctional unit for the last 90 days or more before filing an AFC for recertification, in addition to information required under §B of this regulation, the agency head, or a designee, shall conduct a modified background investigation for the period that the applicant was not employed in a mandated position at a correctional unit that includes obtaining information related to the applicant through:

(1) A check with each employer during the applicant's absence from mandated duties and responsibilities;

(2) A check with the applicant's coworkers during the applicant's absence from mandated duties and responsibilities; and

(3) Interviews of personal references and neighbors provided by the applicant for the most recent period of the applicant's absence from mandated duties and responsibilities.

D. An agency head, or a designee, shall:

(1) Complete an AFC to verify that applicable selection standards have been met; and

(2) Forward, to the Commission, the completed AFC along with criminal history record check and derogatory information discovered during the background investigation.

E. Review of Previous Background Investigations.

(1) An agency head, or a designee, submitting an AFC for recertification shall review the background investigation conducted by the applicant's previous agency head to ensure that a complete and accurate investigation was performed.

(2) The agency head, or a designee, submitting an AFC for recertification is responsible for correcting any omission or discrepancy in a prior background investigation that was conducted in conjunction with an AFC submitted to the Commission by an agency head less than 5 years from the date of the applicant's AFC for recertification.

(3) If records of a previous background investigation are not available, the agency head, or a designee, submitting an AFC for recertification shall conduct a full background investigation according to requirements under Regulation .05 of this chapter.

Md. Code Regs. 12.10.01.08

Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Regulation .08 amended effective 41:3 Md. R. 202, eff.2/17/2014