As Amended
SEC. 45-31-9. Applications for authorization to receive information; suspension or termination of authorization; rules and regulations.
(1) Sex offense criminal history record information about employees may be disseminated under this chapter only to employer representatives to whom the authorizing agency has granted prior authorization to receive sex offense criminal history record information.
(2) An employer representative applying for authorization to receive sex offense criminal history record information about employees shall provide to the authorizing agency:
(a) A plan for safeguarding any information obtained under this chapter and for destruction of such information within thirty (30) days of its receipt;
(b) Agreement that if authorization is granted, the employer representative will update the material information provided in the application throughout the period of authorization; and
(c) Such other information about the employer representative, the employer and the employer's facilities that is necessary and proper for implementation of this chapter and requested by the authorizing agency.
(3) The authorizing agency shall process applications for authorization to receive sex offense criminal history record information. The process shall include conducting such investigations as may be deemed necessary to verify information provided by the employer representative.
(4) The authorizing agency shall provide authorization to receive sex offense criminal history record information to any employer representative whose application conforms to the requirements under subsection (2) of this section unless the authorizing agency determines that the employer representative:
(a) Does not represent an employer as defined in this chapter; or
(b) Has provided materially false information.
(5) If the authorizing agency approves the application of the employer representative, it shall provide timely written notice of the authorization to the employer representative. Such notice shall include any limitations on the authorization.
(6) If the authorizing agency finds that the employer representative is not eligible for authorization under subsection (4) of this section, the authorizing agency shall return the application to the employer representative with written reasons for its disapproval, and provide the employer representative an opportunity to resubmit the application with any additional information as reasonably may be required by the authorizing agency.
(7) Authorization to receive sex offense criminal history record information shall be in effect for five (5) years from the date of authorization. However, the authorizing agency may suspend or terminate authorization prior to its original expiration date if:
(a) The authorized employer representative fails to provide the authorizing agency with timely written notice of material changes in the information furnished under subsection (2) of this section;
(b) Material changes in the information furnished under subsection (2) of this section are of such a nature that the employer representative is no longer eligible for authorization under subsection (4) of this section; or
(c) The authorized employer representative or the employer has violated the provisions of this chapter. If the authorizing agency has probable cause to believe an employer has violated this chapter, it may suspend the authorization pending a determination that the alleged violation warrants further suspension or termination of the authorization.
(8) If the authorizing agency suspends or terminates authorization of an authorized employer representative, it shall immediately provide written notice of this action to the employer representative, the Mississippi Highway Safety Patrol and all sheriff's departments and municipal police departments within the State of Mississippi.
(9) To implement this section, the authorizing agency shall develop rules and regulations governing authorization of employer representatives to receive sex offense criminal history record information about employees, including:
(a) Application procedures and requirements;
(b) Procedures for reviewing applications;
(c) Limitations on authorization;
(d) Procedures for suspending, terminating and renewing authorization;
(e) Procedures for employer representatives to appeal the denial or revocation of authorization;
(f) The setting of fee schedules to cover the actual costs of initial authorization and to cover the actual costs of renewed authorization; and
(g) Procedures to assure compliance with the provisions of this section and the rules and regulations governing it.
SOURCES: Laws, 1987, ch. 465, Sec. 6, eff from and after July 1, 1987.