Code of Alabama

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41-9-650
Section 41-9-650 Criminal history background check prior to issuance of permit or license.
In addition to any other requirements, any agency, board, or commission in this state that
issues a permit or license, by rule, may require a criminal background check through ALEA
as part of its licensing or permitting requirements. Any agency, board, or commission adopting
a rule requiring a background check shall be subject to rules and procedures of the commission
for the use of the background check. (Act 2019-495, §2.)...
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16-22A-34
Section 16-22A-34 Satisfaction of contingencies; procedures. (a) The requirement to conduct
a criminal history background information check on public and nonpublic current employees
pursuant to this chapter is contingent upon the State Superintendent of Education determining
that sufficient funds have been appropriated by the Legislature or made available from another
source to fund such background checks and related procedures. The State Superintendent of
Education shall certify to each local employing board, each nonpublic school, the State Finance
Director, and the Code Commissioner when sufficient funds have been appropriated for use by
the State Department of Education for purposes of conducting background checks and related
procedures on public and nonpublic current employees. (b) Upon the satisfaction of contingencies
provided in subsection (a) and upon the State Superintendent of Education certifying in writing
to the State Board of Education and each authorized employer that...
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16-22A-31
Section 16-22A-31 Written consent; additional check. (a) The following persons shall obtain
a signed and dated written consent to obtain criminal history background information checks
for current public certified employees and current public noncertified employees who have
or seek to have unsupervised access to children in an educational setting: (1) Persons designated
by the public local employing board. (2) Persons designated by the State Department of Education.
(b) Refusal by a current public certified employee and current public noncertified employee
to sign and date a consent to obtain a criminal history background information check and to
provide two acceptable sets of fingerprints shall result in the preclusion of continued employment
or certification of the employee in a position requiring unsupervised access to children,
until such time as written permission has been given to the local employing board to conduct
the criminal history background information check. (c) If a...
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16-22A-9
Section 16-22A-9 Collection and transfer of fingerprints, fees, and information. (a) Local
employing boards and other public authorized employers required to obtain criminal history
background information checks under this chapter shall collect and forward to the State Department
of Education, two complete acceptable sets of fingerprints, written consent, and nonrefundable
fee, when applicable, from applicants for certification, applicants for public employment,
or public current employees under review, who have or seek to have unsupervised access to
a child or children. (b) Nonpublic school employers shall voluntarily collect and forward
two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when
applicable, from applicants for nonpublic employment, nonpublic current employees, or nonpublic
current employees under review, who have or seek to have unsupervised access to a child or
children, to the Department of Public Safety to request a criminal history...
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16-22A-10
Section 16-22A-10 Confidentiality of information. (a)(1) Any criminal history background information
reports received by the State Department of Education from the Department of Public Safety
shall be confidential, conspicuously marked as confidential, and not further disclosed or
made available for public inspection. (2) Any criminal history background information report
received by a local employing board from the State Department of Education shall be confidential,
conspicuously marked as confidential, and not further disclosed or made available for public
inspection. (b) All criminal history background information reports are specifically excluded
from any requirement of public disclosure as a public record as the Legislature finds these
documents to be sensitive personnel records. (c) Transmittal of any criminal history background
information at any time shall be accomplished in a nontransparent package, sealed, and marked
confidential with instructions to be opened only by the...
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16-22A-13
Section 16-22A-13 Liability. An authorized employer shall not be liable in any action for damages
solely for failure to conduct a criminal history background information check on an educational
employee pursuant to this chapter if such failure is due to reasonable time constraints of
background check backlogs, nor shall the state or political subdivision thereof, nor any agency,
officer, or employee thereof, be liable in any action for damages for the failure of a qualified
entity to take action adverse to an individual who was the subject of a criminal history background
information check. Neither the State Superintendent of Education, the State Department of
Education, nor any agent thereof shall be liable in civil court in an action for damages arising
out of any suitability determination. Nothing herein shall be construed as a waiver of any
sovereign or qualified immunity. (Act 99-361, p. 566, §13; Act 2002-457, p. 1171, §1.)...

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45-45-232.04
Section 45-45-232.04 Background check fee. (a) The Sheriff of Madison County may charge a fee
of ten dollars ($10) for a local criminal history background check on persons for passport
identification, employment purposes, or other personal reasons if the sheriff is authorized
by law to conduct a background check and release the information. The fee provided by this
section shall not apply to a person applying for a pistol permit. (b) All fees collected under
this section shall be paid to the Madison County Commission and placed into a separate account
entitled Madison County Criminal History Background Check Account to be used for the betterment
of county law enforcement available upon requisition of the sheriff for that purpose. (c)
The charging of a fee for a local criminal history background check, the payment of the fees
to the local criminal history background check account, and the requisition by the sheriff
of funds from the local criminal history background check account for...
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41-27-10
Section 41-27-10 Criminal history background checks on state employees and contractors requested
by state department or agency; policies. (a) Pursuant to the requirements of Public Law 92-544,
the states may conduct a nationwide criminal history background check on state employees and
contractors for the purpose of determining whether an employee or contractor who has access
to federal tax information has been convicted of a crime that would warrant denying the employee
or contractor access to the federal tax information. For the purposes of this section, federal
tax information includes tax return or tax return information received directly from the Internal
Revenue Service or obtained through an authorized secondary source. An authorized secondary
source shall not include official court records maintained by the Alabama Administrative Office
of Courts. A state department or agency shall require each applicant for a position of employment
with the department or agency and all current...
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16-22A-14
Section 16-22A-14 Exceptions - Nonpublic schools. If a nonpublic school wishes not to do the
fingerprinting procedure of their applicants, current employees, or current employees under
review, they shall not be required to do so, then the applicant for nonpublic employment,
nonpublic current employee, or nonpublic current employee under review shall request a criminal
history background information check through the local employing board in the city or county
in which the nonpublic school is located. (Act 99-361, p. 566, §14; Act 2002-457, p. 1171,
§1.)...
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16-22A-7
Section 16-22A-7 Responsibilities of individuals to provide information. (a) An applicant for
certification, applicant for public employment, or public current employee under review with
the State Department of Education or local employing board, who has or will have unsupervised
access to a child or children in an educational setting, shall, upon request, submit the following
items to the State Department of Education: (1) Two functional acceptable fingerprint cards,
bearing the fingerprints of the individual, properly executed by a criminal justice agency
or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing
the release of any criminal history background information to the State Department of Education.
(3) Acknowledgment that the applicant for certification, applicant for public employment,
or public current employee under review received notice that the State Superintendent of Education
will provide a suitability determination, based...
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