Nevada § 179A.325 - Procedure for submitting request for screening; fee; records of criminal history to be provided to qualified entity; determination of fitness by qualified entity; screening criteria; appeal of results; immunity of qualified entity; audit of qualified entity; compliance with federal law required

§ 179A.325. Procedure for submitting request for screening; fee; records of criminal history to be provided to qualified entity; determination of fitness by qualified entity; screening criteria; appeal of results; immunity of qualified entity; audit of qualified entity; compliance with federal law required

1. Before submitting a request for screening pursuant to subsection 2, a qualified

entity must: (a) Establish an account with the Central Repository and, as part of the establishment

of such an account, agree to comply with all applicable state and federal laws by

signing an agreement approved by the Central Repository. (b) Provide written notification to any person being screened regarding the right

of the person to obtain a copy of his or her background screening report, including,

without limitation, any records of criminal history contained in the report, to appeal

the results of the background screening report to challenge the accuracy and completeness

of any information contained therein, and to obtain a determination as to the validity

of such a challenge before the qualified entity makes a final determination as to

the fitness of the person to have responsibility for the safety and well-being of

children, elderly persons or persons with disabilities. The notification must also include instructions on how to complete the appeals process. (c) Obtain a signed waiver from any person being screened, on a form approved by the

Division, that allows the release of information relating to the records of criminal

history of the person to the qualified entity and contains the information required

by 34 U.S.C. § 40102(b)(1) . 2. A qualified entity shall submit to the Central Repository any request for screening

an employee, volunteer, person applying to be an employee or volunteer or covered

individual of the qualified entity who has supervised or unsupervised access to children,

elderly persons or persons with disabilities by submitting the fingerprints of the

person to the Central Repository for its report on the criminal history of the person

and for forwarding to the Federal Bureau of Investigation for its report on the criminal

history of the person. Each request must be voluntary and conform to the requirements established in the

National Child Protection Act of 1993, Public Law 103-209 , as amended by the Volunteers for Children Act, Public Law 105-251 , 34 U.S.C. §§ 40101 et seq. 3. A request submitted pursuant to subsection 2 must be accompanied by the payment

of a fee to the Central Repository as authorized by NRS 179A.140 , plus the amount prescribed by the Federal Bureau of Investigation for its report

on the criminal history of the person, in accordance with the provisions of 34 U.S.C. § 40102(e) . 4. After a request is submitted pursuant to subsection 2, the Central Repository shall

provide directly to the qualified entity, as authorized by the signed waiver obtained

by the qualified entity pursuant to subsection 1: (a) Any records of criminal history of the person being screened that are not otherwise

confidential pursuant to statute or law. Such a person may challenge the accuracy of such records of criminal history only

as provided in this chapter. (b) Any records of criminal history of the person being screened that were received

from the Federal Bureau of Investigation. Any records of criminal history obtained are available for qualified entities to

use only for the purpose of screening employees, volunteers, persons applying to be

an employee or volunteer or covered individuals of the qualified entity who have supervised

or unsupervised access to children, elderly persons or persons with disabilities. 5. The making of a determination as to the fitness of a person to have responsibility

for the safety and well-being of children, elderly persons or persons with disabilities

is the sole responsibility of the qualified entity that submitted the request for

screening. The qualified entity shall make such a determination pursuant to the procedures

set forth in the VECHS program based on whether the information relating to the records

of criminal history of the person indicates that the person has been convicted of

or is subject to pending criminal charges or a pending indictment for any crime that

bears upon his or her fitness to have responsibility for the safety and well-being

of children, elderly persons or persons with disabilities. The provisions of this section must not be construed to require the Central Repository

to make such a determination on behalf of any qualified entity. 6. A qualified entity that is required by law to apply screening criteria, including,

without limitation, any right to contest or request an exemption from disqualification,

shall apply such screening criteria to any information relating to records of criminal

history received from the Central Repository. 7. If a person chooses to appeal the results of a background screening report, the

appeals process must meet the requirements established in 34 U.S.C. § 40102(b)(2)(C) . 8. A qualified entity is not liable for damages solely arising out of the accuracy

of any information included in or omitted from records of criminal history authorized

to be obtained pursuant to this section, and the State of Nevada, any political subdivision

of the State or any agency, officer or employee thereof is not liable for damages

for providing any information relating to records of criminal history requested pursuant

to this section. 9. The Central Repository may audit any qualified entity that submits a request for

screening pursuant to this section to ensure compliance with all applicable state

and federal laws. Each qualified entity shall maintain all signed waivers obtained pursuant to subsection

1 for the purpose of such an audit for one audit cycle as determined by the Department. 10. In addition to complying with the provisions of this section, each qualified entity

and the Central Repository shall comply with all applicable provisions of 34 U.S.C. § 40102 . 11. As used in this section: (a) “ Children ” has the meaning ascribed to “child” in NRS 432B.040 . (b) “ Covered individual ” has the meaning ascribed to it in 34 U.S.C. § 40104(9) . (c) “ Disability ” has the meaning ascribed to it in NRS 426.068 . (d) “ Division ” means the Records, Communications and Compliance Division of the Department. (e) “ Elderly persons ” means any persons who are 60 years of age or older. (f) “ Qualified entity ” has the meaning ascribed to it in 34 U.S.C. § 40104(10) . (g) “ Record of criminal history ” has the meaning ascribed to it in NRS 179A.070 and also includes, unless the context otherwise requires, records of criminal history

obtained from the Federal Bureau of Investigation. (h) “ VECHS program ” means the Volunteer and Employee Criminal History System program of the Division

through which information relating to the records of criminal history of a person

may be requested and obtained by a qualified entity.