§ 6858. Certified Application Counselor Fingerprinting and Criminal Record Checks; Appeals.
10 CA ADC § 6858Barclays Official California Code of Regulations
10 CCR § 6858
§ 6858. Certified Application Counselor Fingerprinting and Criminal Record Checks; Appeals.
(2) If the Exchange finds that an individual seeking certification under this Article has a potentially disqualifying criminal record under Section 6456(d)-(e) of Article 4 of this Chapter, the Exchange shall promptly provide the individual with a copy of his or her criminal record pursuant to Penal Code Section 11105(t), notify the individual of the specific disqualifying offense(s) for the interim determination, and provide the individual information on how to request a written appeal, including examples of the types of additional evidence the individual may provide, to dispute the accuracy and relevancy of the criminal record.
(A) If the individual believes that the potentially disqualifying offense in the Federal Bureau of Investigation national criminal response, identified in the notice sent pursuant to subdivision (b)(2) of this section, is inaccurate or incomplete, within 60 calendar days from the date of the notice, the individual may seek to correct or complete the response by providing information to the Exchange, including official court and law enforcement records, identifying and correcting the incomplete or inaccurate criminal history information. Upon receipt of such information, the Exchange shall reevaluate the interim fitness determination. The Exchange, within 60 calendar days, shall respond to the individual with a final determination.
(A) If the individual believes that the potentially disqualifying offense in the California Department of Justice (DOJ) state criminal response, identified in the notice sent pursuant to subdivision (b)(2) of this section, is inaccurate or incomplete, within 60 calendar days from the date of the notice, the individual shall notify the Exchange and follow the procedures set forth in Penal Code Sections 11120-11127 to correct or complete the criminal response with the DOJ. The fitness determination shall not be final until the DOJ has acted to correct the state criminal response. Upon receipt of the corrected response, the Exchange shall reevaluate the interim fitness determination. The Exchange, within 60 calendar days, shall respond to the individual with a final determination.
(3) If the individual determines that his or her criminal record is accurate, within 60 days from the date of the notice in subdivision (b)(2) of this section, the individual may dispute the interim determination by providing additional written evidence of rehabilitation and mitigating circumstances related to any potentially disqualifying offense to the Exchange. Upon receipt of the response, the Exchange shall respond to the individual with a final determination within 60 calendar days.
Credits
Note: Authority cited: Section 100504, Government Code. Reference: Sections 1043 and 100502, Government Code; Section 11105, Penal Code; and 45 C.F.R. Sections 155.225 and 155.260.
History
1. New section filed 7-6-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, c. 18); operative 7-6-2015 (Register 2015, No. 28). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-26-2016 as an emergency, including amendment of subsection (e) and repealer of subsections (e)(1)-(2); operative 5-26-2016 (Register 2016, No. 22). Section deemed as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, c. 18). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2018, No. 37).
4. New section filed 6-7-2019; operative 6-7-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 23).
5. Editorial correction of Histories 1 and 2 (Register 2019, No. 39).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 10, § 6858, 10 CA ADC § 6858
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