Code of Alabama

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38-13-8
Section 38-13-8 Confidentiality and disclosure of reports. (a) All reports of criminal history
background information received by the Department of Human Resources from the Department of
Public Safety shall be confidential and marked confidential with no further disclosure and
shall not be made available for public inspection. (b) All criminal history background information
reports shall be excluded from any requirement of public disclosure as a public record. (c)
Without additional public disclosure, the following release of the criminal history background
information report shall not be construed to violate this section: (1) Showing the report
to the applicant or current employee. (2) Release of the report to a court of competent jurisdiction
in the event of litigation brought by the applicant or employee. (3) Release of the report
to a court of competent jurisdiction upon a finding that the information is material to the
issues of the case before the court. (4) Use of the report in...
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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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38-13-6
Section 38-13-6 Fees. (a) A nonrefundable fee to be paid for the criminal history background
information check shall conform to the guidelines promulgated pursuant to 42 U.S.C. § 5119,
the National Child Protection Act of 1993, and state law. (b) The Department of Public Safety
may charge a fee in the amount prescribed in Section 32-2-61, of Title 32, for the cost of
processing the request. The Department of Public Safety shall charge no larger fee for requests
than charged for requests received from those entities. The fee charged for criminal history
background information checks shall not exceed the statutory and regulatory amounts set under
existing guidelines and no additional administrative fees, except for the cost of mailings,
shall be charged which would increase the cost of the criminal history background information
check. (c) An applicant for employment shall be responsible for the cost of the criminal history
background information check. An applicant shall not be...
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36-21-8
Section 36-21-8 Badge and pistol as part of retirement benefits for certain law enforcement
officers and investigators. Any person who, at the time of retirement, is in good standing
and employed by the Department of Conservation and Natural Resources, the Alcoholic Beverage
Control Board, the State Forestry Commission, the Alabama Criminal Justice Information Center,
the Public Service Commission, campus police at a state institution, or any other state agency
which requires its officers to be Peace Officers' Standards and Training Commission certified
as a law enforcement officer or investigator, or by the Department of Public Safety as a State
Capitol Police Officer shall receive, as part of his or her retirement benefits, without cost,
his or her badge and pistol. (Acts 1981, No. 81-291, p. 373, §1; Acts 1991, No. 91-568, p.
1049, §1; Acts 1994, No. 94-713, p. 1386, §1; Acts 1996, No. 96-768, p. 1354, §1; Act 2002-519,
p. 1346, §1; Act 2003-363, §1.)...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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16-22A-2
Section 16-22A-2 Legislative intent. Under the National Child Protection Act of 1993, Public
Law 103-209, 42 U.S.C. 5119, et seq., the states are required to implement a computerized
information system to provide child abuse crime information through the Federal Bureau of
Investigation National Criminal History Record Information System and may conduct a nationwide
criminal history background information check for the purpose of determining whether an individual
who will have unsupervised access to children is suitable for employment or has been convicted
of a crime that bears upon the fitness of the individual to teach or have responsibility for
the safety and well-being of children as defined in this chapter. The Legislature finds that
there is a compelling state interest and it is in the best interest of the children of Alabama
to protect them from those persons who may inflict physical or mental injury or abuse, sexual
abuse or exploitation, or maltreatment or other mistreatment...
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41-13-7
Section 41-13-7 Identifying information of state employees on records available for public
inspection. (a) As used in this section, the following terms shall have the following meanings:
(1) EMPLOYEE. Any person who is regularly employed by the state and who is subject to the
provisions of the state Merit System or any person who is regularly employed by a criminal
justice agency or entity or by a law enforcement agency within the state or any honorably
retired employee thereof, to include, but not be limited to, the following: A judge of any
position, including a judge of a municipal court; a district attorney; a deputy district attorney;
an assistant district attorney; an investigator employed by a district attorney; an attorney,
investigator, or special agent of the Office of the Attorney General; a sheriff; a deputy
sheriff; a jailor; or a law enforcement officer of a county, municipality, the state, or special
district, provided the law enforcement officer is certified by the...
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34-5A-4
Section 34-5A-4 Application. Each person desiring to obtain a license shall submit an application
and authorized fees to the board. The application shall include evidence demonstrating that
the applicant satisfies all of the following requirements: (1) Is of good moral character
and conducts his or her professional activities in accordance with accepted professional and
ethical standards, including: a. Compliance with the professional and ethical compliance code
for behavior analysts of the certifying entity. b. Completion of a criminal background check
pursuant to rule of the board. The cost of the criminal background check shall be paid by
the applicant. An applicant shall submit to the board two complete sets of fingerprints and
a form, sworn to by the applicant, containing his or her name, date of birth, and Social Security
number for completion of the criminal background check. The board shall submit the fingerprints
and form to the State Bureau of Investigations, or any entity...
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38-13-1
Section 38-13-1 Legislative findings and intent. Under the National Child Protection Act of
1993, Public Law 103-209, 42 U.S.C. § 5119, et seq., the states are permitted to implement
a computerized information system to provide child abuse crime information through the Federal
Bureau of Investigation National Criminal History Record Information System. The states may
conduct a nationwide criminal history background check for the purpose of determining whether
an individual who shall have unsupervised access to children, the elderly, or individuals
with disabilities has been convicted of a crime that bears upon the fitness of the individual
to provide care to or have responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities as defined in this chapter. The Legislature finds that there
is an important state interest and it is in the best interest of the children, the elderly,
and individuals with disabilities of Alabama to protect them from...
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15-20A-37
Section 15-20A-37 Failure to register; absconding. (a) When a sex offender declares, and the
county is notified that a sex offender intends to reside, maintain employment or a volunteer
position, or attend school in the county and the sex offender fails to appear for registration,
the county that received the notice shall immediately inform the sheriff of the county that
provided the notice that the sex offender failed to appear for registration. (b) When a sex
offender fails to register or cannot be located, an effort shall immediately be made by the
sheriff in the county in which the sex offender failed to register or is unable to be located
to determine whether the sex offender has absconded. (c) If no determination can be made as
to whether the sex offender has absconded, the sheriff of the county in which the sex offender
failed to appear for registration shall immediately notify the Alabama State Law Enforcement
Agency and the United States Marshals Service that the sex offender...
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