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16-22A-6
Section 16-22A-6 Request from schools for criminal history background information check. (a)
The State Department of Education, or other public authorized employer responsible for hiring
employees who will have unsupervised access to children in an educational setting, shall request
through the State Department of Education, that the Department of Public Safety secure from
both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history
background information check on each applicant for certification, certified applicant for
public employment, noncertified applicant for public employment, and public current employee
under review. (b) Any nonpublic school in which an individual may have unsupervised access
to children in an educational setting, shall through its duly authorized representative under
guidelines established by the nonpublic school employer, request that the Department of Public
Safety secure a state criminal history background information...
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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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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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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-4
Section 16-22A-4 Initiation of request for criminal history background check. Any person who
wishes to initiate a request for a criminal history background check of a current employee
shall be required to provide a written signed statement to the designated chief executive
officer of an authorized employer containing the reasonable articulable grounds supporting
a request and initiation of review. (Act 99-361, p. 566, §4.)...
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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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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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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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12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance into
the pretrial diversion program shall be in the discretion of the district attorney. To assist
the district attorney in his or her decision to admit the offender into the pretrial diversion
program, the district attorney, prior to the offender being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, may require an offender
to furnish to the district attorney information concerning past criminal history, educational
history, work history, family history, medical or psychiatric treatment history, psychological
tests, or any other information concerning the offender which the district attorney believes
is applicable to determine whether the offender should be admitted into the pretrial diversion
program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
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20-2-214
Section 20-2-214 Limited access to database permitted for certain persons or entities. (a)
The following persons or entities shall be permitted access to the information in the controlled
substances database, subject to the limitations indicated below: (1) Authorized representatives
of the certifying boards; provided, however, that access shall be limited to information concerning
the licensees of the certifying board, however, authorized representatives from the Board
of Medical Examiners may access the database to inquire about certified registered nurse practitioners
(CRNPs), or certified nurse midwives (CNMs) that hold a Qualified Alabama Controlled Substances
Registration Certificate (QACSC). (2) A licensed practitioner approved by the department who
has authority to prescribe, dispense, or administer controlled substances. The licensed practitioner's
access shall be limited to information concerning himself or herself, registrants who possess
a Qualified Alabama Controlled...
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