New Jersey § app:a-9

§ app:a-9.

The Department of Law and Public Safety shall perform criminal history record background

checks on applicants employed by or to be employed by independent contractors in a

critical position at a designated facility. The department, or a private vendor approved by the department, also shall perform

a thorough identity verification check on these applicants, to include, at a minimum,

a credit investigation, a Social Security number verification to detect informational

inconsistencies, and a cross-referencing of all applicants against appropriate law

enforcement advisories and terror watch lists; provided, however, that in no instance

shall information obtained from the Violent Gang and Terrorist Organization File (VGTOF)

be disseminated to a non-criminal justice agency or an applicant unless that dissemination

is authorized by the Federal Bureau of Investigation and is consistent with federal

laws, rules and regulations. An independent contractor shall not employ or hire an applicant for employment

in a critical position at a designated facility unless the Attorney General determines

that no criminal record information exists on file in the Federal Bureau of Investigation,

Identification Division, or in the State Bureau of Identification in the Division

of State Police which would disqualify the individual from being employed, and that

the applicant is not otherwise disqualified as a result of required identity verification

checks, performed pursuant to the provisions of this act. Any person who is employed on the date of enactment of this act 1 by an independent contractor and who works within a designated facility in a position

determined by the Attorney General to be a critical position shall be permitted to

serve in that capacity unless and until it is determined that the applicant is disqualified

pursuant to this section, provided that within 30 days of the Attorney General's determination

that the person will be serving in a critical position, an application has been submitted

to the Department of Law and Public Safety with the required fees for that person

to qualify for employment in a critical position, and the person has consented to

and cooperates with the securing of a criminal history record background check and

identity verification check conducted in accordance with section 4 of this act. 2 The Attorney General, in consultation with the Director of the Office of Homeland

Security and Preparedness, the Commissioner of Environmental Protection, and industry

representatives, shall develop the criteria for qualification of all applicants. Criminal history record background checks and all identity verification checks shall

be repeated for previously qualified employees at least once every five years, for

as long as they are employed by an independent contractor in a critical position at

a designated facility. 1

L.2006, c. 101, eff. Sept. 15, 2007. 2

L.2006, c. 101, eff. Sept. 15, 2007 (N.J.S.A. § App. A:9-82).