Code of Alabama

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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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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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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-16
Section 16-22A-16 Construction. Except as expressly specified in this chapter pertaining to
criminal history background information checks of applicants for nonpublic employment, nonpublic
current employees, and nonpublic current employees under review, nothing in this chapter shall
be construed to establish state control over curriculum or the selection of personnel in private
or parochial/church schools, nor is this chapter intended to establish additional regulatory
authority over private or parochial/church schools. (Act 99-361, p. 566, §16; Act 2002-457,
p. 1171, §1.)...
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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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16-24C-6
Section 16-24C-6 Termination of employment - Grounds for termination; procedures; appeals.
(a) Tenured teachers and nonprobationary classified employees may be terminated at any time
because of a justifiable decrease in the number of positions or for incompetency, insubordination,
neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other
good and just cause, subject to the rights and procedures hereinafter provided. However, a
vote or decision to approve a recommended termination on the part of a president of a two-year
educational institution operated under the authority and control of the Department of Postsecondary
Education or the governing board shall not be made for political or personal reasons. (b)
The termination of a tenured teacher or nonprobationary classified employee who is not an
employee of a two-year educational institution operated under the authority and control of
the Department of Postsecondary Education shall be initiated by the...
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16-22-14
Section 16-22-14 Personnel records of education employees. (a) Definitions. When used in this
section, the following words shall have the following meanings: (1) EMPLOYEE. Any person employed
by a school board. (2) EXECUTIVE OFFICER. The superintendent of any public county or city
school system; the President of the Alabama Institute for Deaf and Blind; the president of
any two-year school or college under the auspices of the State Board of Education; the Superintendent
of the Department of Youth Services School District; the Executive Director of the Alabama
School of Fine Arts; and the Executive Director of the Alabama High School of Mathematics
and Science. (3) LOCAL EDUCATION AGENCY PERSONNEL SYSTEM (LEAPS). The data base established
and maintained by the Alabama Department of Education for record keeping of all data related
to certificated and non-certificated personnel at each board of education. (4) PERSONNEL AND
ENROLLMENT REPORTING SYSTEM (PERS). The data base established and...
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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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34-21-122
Section 34-21-122 General provisions and jurisdiction. (a) A multistate license to practice
registered or licensed practical nursing issued by a home state to a resident in that state
shall be recognized by each party state as authorizing a nurse to practice as a registered
nurse or as a licensed practical nurse, under a multistate licensure privilege, in each party
state. (b) A state shall implement procedures for considering the criminal history records
of applicants for initial multistate licensure or licensure by endorsement. The procedures
shall include the submission of fingerprints or other biometric-based information by applicants
for the purpose of obtaining the criminal history record information of an applicant from
the Federal Bureau of Investigation and the agency responsible for retaining the criminal
records of that state. (c) Each party state shall require an applicant to satisfy all of the
following to obtain or retain a multistate license in his or her home state: (1)...
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