§2540.206. What procedural steps are required, in addition to conducting the National Service Criminal History Check described in this subpart?
45 C.F.R. § 2540.206
In addition to conducting the National Service Criminal History Check described in § 2540.204, grant recipients or subrecipients must:
Obtain a person's consent before conducting the state and FBI components of the National Service Criminal History Check;
Provide notice that selection for work or service for a position specified in § 2540.201(a) is contingent upon the organization's review of the National Service Criminal History Check component results;
Provide a reasonable opportunity for the person to review and challenge the factual accuracy of a result before action is taken to exclude the person from the position;
Take reasonable steps to protect the confidentiality of any information relating to the criminal history check, consistent with authorization provided by the applicant;
Maintain documentation of the National Service Criminal History Check as grant records; and
Pay for the cost of the NSCHC. Unless specifically approved by CNCS under § 2540.207, the person who is serving or working in the covered position may not be charged for the cost of any component of a National Service Criminal History Check.
CNCS-approved vendors may facilitate obtaining and documenting the requirements in paragraphs (a)(1) through (5) of this section.
Notes, amendments, and revision history
Amendments
[86 FR 11147, Feb. 24, 2021]
Authority
Authority: E.O. 13331, 69 FR 9911; 18 U.S.C. 506, 701, 1017; 42 U.S.C. 12653, 12631-12637, 12645g; 42 U.S.C. 5065.
Source
Source: 59 FR 13808, Mar. 23, 1994, unless otherwise noted.
Amendments
[86 FR 11147, Feb. 24, 2021]