22 §9051. Short title

§9051. Short title This chapter may be known and cited as “the Maine Background Check Center Act.”   [PL 2015, c. 299, §25 (NEW).] SECTION HISTORY PL 2015, c. 299, §25 (NEW).

22 §9052. Background Check Center

§9052. Background Check Center In order to promote and protect the health and safety of children and adults in need of support and care, the Background Check Center is established within the department to operate an Internet-based system that employers use to access criminal records and other background information to determine the eligibility of individuals […]

22 §9053. Definitions

§9053. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2015, c. 299, §25 (NEW).] 1.  Adult day care program.  “Adult day care program” means an adult day care program licensed pursuant to chapter 1663 or 1679.   [PL 2015, c. 299, §25 (NEW).] […]

22 §9054. Background Check Center; procedures

§9054. Background Check Center; procedures 1.  Bureau responsibilities.  The bureau is responsible for working with the Background Check Center and federal and state agencies to facilitate background checks.   [PL 2015, c. 299, §25 (NEW).] 2.  Employer obligations.  An employer subject to this chapter shall use the Background Check Center to conduct a comprehensive background […]

22 §9055. Background Check Center funding and fees

§9055. Background Check Center funding and fees After the initial construction and operational phase, the Background Check Center is funded through user fees as provided in this section.   [PL 2015, c. 299, §25 (NEW).] 1.  User fee.  The department shall adopt rules to establish Background Check Center user fees. The user fee must reasonably […]

22 §9056. New event monitoring; rap back monitoring program

§9056. New event monitoring; rap back monitoring program 1.  New disqualifying offenses.  A direct access worker’s data must be searched and monitored for new events that may disqualify the individual from employment as a direct access worker.   A. The department shall establish procedures regarding the exchange of data among federal or state criminal justice […]

22 §9057. Employment

§9057. Employment 1.  Contingent offer of employment.  An employer that has made a contingent offer of employment to a direct access worker shall secure a background check and receive a final background check report prior to allowing the individual to commence employment as a direct access worker, except where the individual is conditionally employed as […]

22 §9058. Grandfathered employees

§9058. Grandfathered employees 1.  Background check.  An employer employing direct access workers on the effective date of this chapter shall use the Background Check Center to secure a background check and a background check report for each direct access worker within 365 calendar days after the Background Check Center becomes operational.   [PL 2015, c. […]

22 §9059. Prohibitions

§9059. Prohibitions 1.  Prohibited employment.  An employer is subject to the penalties imposed by this chapter for hiring, placing or continuing to employ, other than conditionally as described in this chapter or by rule, an unsupervised direct access worker who has a known disqualifying offense or who has not been subject to a background check […]

22 §9060. Documentation

§9060. Documentation 1.  Employer documentation.  An employer subject to this chapter shall conduct and document the background check process in accordance with the requirements of this chapter and rules adopted pursuant to this chapter.   [PL 2015, c. 299, §25 (NEW).] 2.  Data storage.  An employer shall manage and store, electronically or on paper, the […]

22 §9061. Confidentiality

§9061. Confidentiality A criminal background check record and other personally identifiable information provided to an employer in compliance with this chapter are confidential. An employer may use this information only to determine the eligibility of an individual for new or continued employment, and the personally identifiable information or background check record may not be disseminated […]

22 §9062. Penalties

§9062. Penalties 1.  Conduct subject to penalties.  An employer may be subject to the penalties under this chapter for any of the following:   A. Failure to conduct a mandatory background check;   [PL 2015, c. 299, §25 (NEW).] B. Failure or refusal to terminate or remove from direct access employment an employee who is […]

22 §9063. Administrative penalties

§9063. Administrative penalties 1.  Licensing actions.  The penalties and fines described in this chapter do not limit the State’s licensing authority to pursue an adverse action against an employer who fails to comply with or who commits a civil violation described in this chapter.   [PL 2015, c. 299, §25 (NEW).] 2.  Licensing penalties.  An […]

22 §9064. Appeal by employer

§9064. Appeal by employer The imposition of sanctions, other than licensing sanctions, pursuant to this chapter may be appealed by an employer pursuant to Title 5, chapter 375.   [PL 2015, c. 299, §25 (NEW).] SECTION HISTORY PL 2015, c. 299, §25 (NEW).

22 §9065. Rules; contracts

§9065. Rules; contracts 1.  Rules.  The Department of Public Safety and the Department of Health and Human Services shall each adopt rules necessary to achieve the purposes of this chapter. As appropriate, each department shall keep the other department informed regarding rule-making activity. Rules adopted pursuant to this subsection are routine technical rules as defined […]