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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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16-22A-30
Section 16-22A-30 Criminal background information checks of current public employees. (a) A
criminal history background information check shall be conducted on all current public certified
employees and all current public noncertified employees employed by a local employing board,
and any State Department of Education personnel, as determined by the State Superintendent
of Education, who have unsupervised access to and provide education, training, instruction,
or supervision for children in an educational setting. (b) Each current public certified employee
and current public noncertified employee employed by a local employing board shall be notified
by the State Department of Education that the State Superintendent of Education will provide
a suitability determination, based upon convictions, pending criminal charges, and suitability
criteria for public employment, to his or her local employing board. Each current public certified
employee and current public noncertified employee shall...
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34-25B-3
Section 34-25B-3 License required; criminal background check. No person shall practice private
investigation or hold himself or herself out to the public as a private investigator or use
any term, title, or abbreviation that expresses, infers, or implies that the person is licensed
as a private investigator unless the person at the time holds a valid license to practice
private investigation as provided in this chapter. All applicants shall pass a criminal background
check based on criteria established pursuant to Section 34-25B-4. (Act 2013-306, p. 1021,
§3.)...
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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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16-22A-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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34-13-72
Section 34-13-72 Qualifications of applicants; examination requirements; fee. (a) An applicant
for a funeral director's license is entitled to an examination if he or she satisfies all
of the following: (1) Is a citizen of the United States or legally present in this state.
(2) Is at least 18 years of age. (3) Has had practical experience as an apprentice for not
less than two years within a period of three consecutive years, excluding time lost by interruptions
caused by the active duty of the applicant in the military service of the United States or
its allies during war or national emergency, and excluding time lost by interruptions which
the board deems excusable as caused by circumstances beyond the control of the applicant.
(4) Has completed apprenticeship not more than two years prior to taking the examination,
excluding time lost under the circumstances mentioned in subdivision (3). (5) Has completed
a course of instruction in an accredited mortuary or funeral service school or...
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27-8A-13
Section 27-8A-13 Background investigations for license applicants. The commissioner may conduct
background investigations, to include criminal history inquiries, for all applicants for license
as an insurance producer prior to the issuance of the license. (Acts 1996, No. 96-343, p.
423, §13; Act 2001-702, p. 1509, §14.)...
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34-13-74
Section 34-13-74 Application by surviving spouse upon death of funeral director; operation
under special permit by operator. (a) When a licensed funeral director dies leaving a licensed
funeral business with no licensed funeral director, the surviving spouse, or a surviving child
of legal age, may make application for examination as a funeral director. The application
shall be in writing, on a form prescribed by the board, and shall state the facts pertaining
to the case. The board may certify the applicant for the examination prescribed for funeral
directors, in which event the requirements with respect to prior experience and apprenticeship
shall be waived. (b) When a licensed funeral director dies leaving a licensed funeral business
with no licensed funeral director, the board may issue a special operating permit to the operator
of the licensed funeral business for a period of up to 12 months, with the board having the
right to extend the permit an additional reasonable time to...
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22-14-31
Section 22-14-31 Fingerprints; search of criminal records by department; fees. Any person,
firm or corporation referred to in Section 22-14-30 shall submit to the Alabama State Law
Enforcement Agency two sets of classifiable fingerprints of each person for whom a criminal
history record inquiry is required. Fingerprints shall be submitted upon cards of such type
as the department may require. The department shall search its criminal history files or the
criminal history files of any other state agency to which it has access and return the results
of its records search to the submitting employer. The director shall set and collect a reasonable
fee for such service. Said fee shall be paid into the Alabama State Law Enforcement Agency
Operating Fund. (Acts 1979, No. 79-805, p. 1483, §2.)...
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22-52-10.8
Section 22-52-10.8 Order for involuntary commitment for inpatient treatment to be entered into
Criminal Justice Information System and NICS; redaction of order upon removal of limitation
to purchase firearm. (a) When the judge of probate of a county enters an order for the involuntary
commitment of a person pursuant to Section 22-52-10.1, and the order is for a final commitment
for inpatient treatment to the Department of Mental Health or a Veterans' Administration hospital,
or as otherwise provided by law, the judge shall immediately forward the order to the Alabama
Law Enforcement Agency and the order shall be entered in its information systems. The order
shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama Justice
Information Center Commission shall provide. The Alabama Law Enforcement Agency shall as soon
as possible thereafter enter the order in the National Instant Criminal Background Check System
(NICS) and the information shall be entered into...
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