§846-2.7 - Criminal history record checks.

§846-2.7 Criminal history record checks.
(a) The agencies and other entities named in subsection (b) may conduct state
and national criminal history record checks on the personnel identified in
subsection (b), for the purpose of determining suitability or fitness for a
permit, license, or employment; provided that the Hawaii criminal justice data
center may charge a reasonable fee for the criminal history record checks
performed. The criminal history record check shall include the submission of
fingerprints to:

(1) The Federal Bureau of Investigation for a
national criminal history record check; and

(2) The Hawaii criminal justice data center for a
state criminal history record check that shall include nonconviction data.

Criminal history record information shall be used
exclusively for the stated purpose for which it was obtained.

(b) Criminal history record checks may be
conducted by:

(1) The department of health on operators of adult
foster homes or developmental disabilities domiciliary homes and their
employees, as provided by section 333F-22;

(2) The department of health on prospective
employees, persons seeking to serve as providers, or subcontractors in
positions that place them in direct contact with clients when providing
non-witnessed direct mental health services as provided by section 321-171.5;

(3) The department of health on all applicants for
licensure for, operators for, and prospective employees, and volunteers at one
or more of the following: skilled nursing facility, intermediate care
facility, adult residential care home, expanded adult residential care home,
assisted living facility, home health agency, hospice, adult day health center,
special treatment facility, therapeutic living program, intermediate care
facility for the mentally retarded, hospital, rural health center and
rehabilitation agency, and, in the case of any of the above-related facilities
operating in a private residence, on any adult living in the facility other
than the client as provided by section 321-15.2;

(4) The department of education on employees,
prospective employees, and teacher trainees in any public school in positions
that necessitate close proximity to children as provided by section 302A-601.5;

(5) The counties on employees and prospective employees
who may be in positions that place them in close proximity to children in
recreation or child care programs and services;

(6) The county liquor commissions on applicants for
liquor licenses as provided by section 281-53.5;

(7) The department of human services on operators and
employees of child caring institutions, child placing organizations, and foster
boarding homes as provided by section 346-17;

(8) The department of human services on prospective
adoptive parents as established under section 346-19.7;

(9) The department of human services on applicants to
operate child care facilities, prospective employees of the applicant, and new
employees of the provider after registration or licensure as provided by
section 346-154;

(10) The department of human services on persons
exempt pursuant to section 346-152 to be eligible to provide child care and
receive child care subsidies as provided by section 346-152.5;

(11) The department of human services on operators and
employees of home and community-based case management agencies and operators
and other adults, except for adults in care, residing in foster family homes as
provided by section 346-335;

(12) The department of human services on staff members
of the Hawaii youth correctional facility as provided by section 352-5.5;

(13) The department of human services on employees,
prospective employees, and volunteers of contracted providers and
subcontractors in positions that place them in close proximity to youth when
providing services on behalf of the office or the Hawaii youth correctional
facility as provided by section 352D-4.3;

(14) The judiciary on employees and applicants at
detention and shelter facilities as provided by section 571-34;

(15) The department of public safety on employees and
prospective employees who are directly involved with the treatment and care of
persons committed to a correctional facility or who possess police powers
including the power of arrest as provided by section 353C-5;

(16) The department of commerce and consumer affairs
on applicants for private detective or private guard licensure as provided by
section 463-9;

(17) Private schools and designated organizations on
employees and prospective employees who may be in positions that necessitate
close proximity to children; provided that private schools and designated
organizations receive only indications of the states from which the national
criminal history record information was provided pursuant to section 302C-1;

(18) The public library system on employees and prospective
employees whose positions place them in close proximity to children as provided
by section 302A-601.5;

(19) The State or any of its branches, political
subdivisions, or agencies on applicants and employees holding a position that
has the same type of contact with children, vulnerable adults, or persons
committed to a correctional facility as other public employees who hold
positions that are authorized by law to require criminal history record checks
as a condition of employment as provided by section 78-2.7;

(20) The department of human services on licensed
adult day care center operators, employees, new employees, subcontracted
service providers and their employees, and adult volunteers as provided by
section 346-97;

(21) The department of human services on purchase of
service contracted and subcontracted service providers and their employees
serving clients of the adult and community care services branch, as provided by
section 346-97;

(22) The department of human services on foster
grandparent program, retired and senior volunteer program, senior companion
program, and respite companion program participants as provided by section
346-97;

(23) The department of human services on contracted
and subcontracted service providers and their current and prospective employees
that provide home and community-based services under Section 1915(c) of the
Social Security Act (Title 42 United States Code Section 1396n(c)), or under
any other applicable section or sections of the Social Security Act for the purposes
of providing home and community-based services, as provided by section 346-97;

(24) The department of commerce and consumer affairs
on proposed directors and executive officers of a bank, savings bank, savings
and loan association, trust company, and depository financial services loan
company as provided by section 412:3-201;

(25) The department of commerce and consumer affairs
on proposed directors and executive officers of a nondepository financial
services loan company as provided by section 412:3-301;

(26) The department of commerce and consumer affairs
on the original chartering applicants and proposed executive officers of a
credit union as provided by section 412:10-103;

(27) The department of commerce and consumer affairs
on:

(A) Each principal of every non-corporate
applicant for a money transmitter license; and

(B) The executive officers, key shareholders,
and managers in charge of a money transmitter's activities of every corporate
applicant for a money transmitter license,

as provided by section 489D-9;

(28) The department of commerce and consumer affairs
on applicants for licensure and persons licensed under title 24;

(29) The Hawaii health systems corporation on:

(A) Employees;

(B) Applicants seeking employment;

(D) Current or prospective volunteers,
providers, or contractors,

in any of the corporation's health facilities as
provided by section 323F-5.5;

[(30)] [Paragraph effective July 1, 2010. L Sp 2009,
c 32, §13.] The department of commerce and consumer affairs on an
applicant for a mortgage loan originator's license as provided by chapter 454F;
and

[(31)] Any other organization, entity, or the State, its
branches, political subdivisions, or agencies as may be authorized by state
law.

(1) Consent to
obtain the applicant's or employee's fingerprints and conduct the criminal
history record check;

(2) Identifying
information required by the Federal Bureau of Investigation which shall include
but not be limited to name, date of birth, height, weight, eye color, hair
color, gender, race, and place of birth; and

(3) A statement
indicating whether the applicant or employee has ever been convicted of a
crime. [L 2003, c 95, §7; am L 2004, c 10, §12 and c 79, §6; am L 2006,
c 131, §2 and c 220, §5; am L 2008, c 136, §7, c 154, §28, c 195, §15, and c
196, §11; am L 2009, c 77, §18 and c 182, §7; am L Sp, c 32, §7]

Revision Note

Paragraphs (29) to (31) redesignated pursuant to §23G-15.