---
kind: "section"
citation: "45 C.F.R. § 2540.206"
title: "45"
number: "2540.206"
heading: "What procedural steps are required, in addition to conducting the National Service Criminal History Check described in this subpart?"
url: "https://uscodex.org/cfr/45/2540.206"
---

# §2540.206. What procedural steps are required, in addition to conducting the National Service Criminal History Check described in this subpart?

- (a) In addition to conducting the National Service Criminal History Check described in [§ 2540.204](/cfr/45/2540.204.md), grant recipients or subrecipients must:
  - (1) Obtain a person's consent before conducting the state and FBI components of the National Service Criminal History Check;
  - (2) Provide notice that selection for work or service for a position specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=a) is contingent upon the organization's review of the National Service Criminal History Check component results;
  - (3) 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;
  - (4) Take reasonable steps to protect the confidentiality of any information relating to the criminal history check, consistent with authorization provided by the applicant;
  - (5) Maintain documentation of the National Service Criminal History Check as grant records; and
  - (6) **Pay for the cost of the NSCHC.** Unless specifically approved by CNCS under [§ 2540.207](/cfr/45/2540.207.md), 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.
- (b) CNCS-approved vendors may facilitate obtaining and documenting the requirements in [paragraphs (a)(1) through (5)](#a-1..a-5) of this section.

## Notes

### 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]