41-1758.09. Fingerprint clearance cards; authority; prohibition; application processing; temporary work authorization; employment; definition

A. An agency in this state without statutory authority to require a fingerprint clearance card may not require a person to obtain a fingerprint clearance card as a condition of licensure, certification, registration or employment.

B. Notwithstanding any other law, for occupations and positions that are pending approval for a federal criminal records check pursuant to section 41-1750 and Public Law 92-544, a person who is required to obtain and possess a valid fingerprint clearance card may be granted a temporary work authorization by the relevant agency while the person's fingerprint clearance card application is being processed if all other requirements for the work authorization, licensure, registration or certification are met.

C. A person who is granted a temporary work authorization pursuant to subsection B of this section is authorized to work while the person's fingerprint clearance card application is being processed if the person does all of the following:

1. Provides documentation to the relevant agency that shows the person's application for a fingerprint clearance card is pending within the department.

2. Certifies on forms that are provided by the relevant agency and that are notarized that the person meets the following conditions:

(a) Is not awaiting trial on and has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the criminal offenses listed in section 41-1758.03, subsection B or C or section 41-1758.07, subsection B or C, as applicable, in this state or similar offenses in another state or jurisdiction.

(b) Is not subject to registration as a sex offender in this state or any other jurisdiction.

D. The temporary work authorization pursuant to subsection B of this section expires if the department denies the issuance of a fingerprint clearance card, and the department shall notify the relevant agency of the denial.

E. The relevant agency may do any of the following:

1. Adopt any policies and procedures necessary to implement this section.

2. Conduct a third-party background check of the person.

3. Deny the temporary work authorization if the relevant agency has verifiable information that the person is awaiting trial on or has been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses described in subsection C, paragraph 2, subdivision (a) of this section or is subject to registration as a sex offender in this state or any other jurisdiction.

4. Take appropriate disciplinary action against a person who misrepresents any of the information required pursuant to subsection C of this section.

F. For the purposes of this section, "agency" includes a board or commission.