Sec. 805.10. Responsibilities of providers of services

(a) Recordkeeping.

(1) Each provider of services subject to the provisions of this Part shall establish, maintain, and keep current, a record of:

(i) a current roster of employees and list of staffing assignments;

(ii) a current roster of volunteers;

(iii) names of all persons for whom a request for a criminal history information check was submitted to the office, identifying whether the person was applying for an employment, contractor or volunteer position;

(iv) for each such name identified, a copy of his or her signed informed consent form required pursuant to section 805.5 of this Part, and the results of the criminal history information check and determination of the office with regard to the employment, contract or volunteer service of the individual; and

(v) a record identifying whether such individual was hired, contracted with or permitted to engage in volunteer services, what position he or she holds, and any limitations placed on such employment or service.

(2) Such record shall be maintained in a manner that ensures the security of the information contained therein, but which also assures the office of immediate and unrestricted access to such information upon its request, for the purpose of monitoring compliance with this Part.

(b) Notifications.

A provider of services must immediately, but no later than 14 days after the event, inform the office, and document that such notification occurred, when:

(1) any prospective employee or volunteer who is subject to criminal history information check in accordance with this section has withdrawn the application or is no longer being considered for the position for which the person applied; or

(2) a hiring decision has been made with respect to any prospective employee or volunteer who was subject to, and underwent, a criminal history information check in accordance with this section; and/or

(3) any employee or volunteer who was subject to, and underwent, a criminal history information check in accordance with this section is no longer employed by or volunteering at the program or facility.

(c) Retention and disposal of information.

(1) Each provider of services subject to the provisions of this Part shall maintain information necessary to demonstrate compliance with this Part, as set forth in subdivision (a) of this section, for at least six years after which the person ceases to be a subject individual, as defined in section 805.4 of this Part (i.e., the person is no longer employed in, or volunteers as, a position that involves regular and substantial contact with clients), unless otherwise directed by the office.

(2) If directed to do so by the office, a provider of services subject to this Part shall dispose of the summary of the criminal history information and/or any other information related to criminal background checks in accordance with such direction.

(3) Disposal of criminal history information and office determinations shall be performed in a manner that ensures the confidentiality of the information.

(4) If a subject individual withdraws from the application process, without prejudice, at any time regardless of whether he or she, the office or the provider has reviewed his or her criminal history information, provided that upon such withdrawal from the application process, any fingerprints and criminal history information received by the provider shall be destroyed.

(d) Policies and procedures.

Each provider of services subject to the provisions of this Part shall have policies and procedures designed to implement the provisions of this Part. Amendment of existing personnel and volunteer policies and procedures to reflect these new requirements may be deemed sufficient compliance with this subdivision.