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21-15-113. Waiver of exclusion or discharge requirement for persons in designated financial or information technology positions.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-15-113. Waiver of exclusion or discharge requirement for persons in designated financial or information technology positions.
(a)(1) The provisions of §§ 21-15-111 and 21-15-112 prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of:
(A) A supervisor or other managerial employee in the state agency;
(B) An affected applicant; or
(C) An incumbent employee in the designated financial or information technology position who is subject to discharge.
(2) A request for a waiver must be made within five (5) days of the receipt of the criminal background check.
(3) If the crime is a misdemeanor and more than five (5) years have lapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted.
(4) If the waiver is not granted and the waiver request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee.
(5) If the waiver is not granted and the waiver request was for an applicant, the state agency is prohibited from hiring the applicant in a designated financial or information technology position.
(6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.
(b)(1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment.
(2) Evidenc
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-15-113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:21-15-113
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c5055d7f6bfcd3c9671f865fbb18fc1a02b182865c24467e93fd73e89431bde3
Source location: content.xml paragraph 9180
Stored source content
21-15-113. Waiver of exclusion or discharge requirement for persons in designated financial or information technology positions.
(a)(1) The provisions of §§ 21-15-111 and 21-15-112 prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of:
(A) A supervisor or other managerial employee in the state agency;
(B) An affected applicant; or
(C) An incumbent employee in the designated financial or information technology position who is subject to discharge.
(2) A request for a waiver must be made within five (5) days of the receipt of the criminal background check.
(3) If the crime is a misdemeanor and more than five (5) years have lapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted.
(4) If the waiver is not granted and the waiver request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee.
(5) If the waiver is not granted and the waiver request was for an applicant, the state agency is prohibited from hiring the applicant in a designated financial or information technology position.
(6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.
(b)(1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment.
(2) Evidence of rehabilitation may include:
(A) The age at which the crime or act was committed;
(B) The circumstances surrounding the crime or act;
(C) The length of time since the crime or act;
(D) Subsequent work history;
(E) Employment references;
(F) Character references; and
(G) Other evidence demonstrating the rehabilitation of the applicant or employee.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-15-111. Hiring new employees into designated financial or information technology positions.
(a)(1)(A) When a person applies for employment with a state agency in a designated financial or information technology position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and shall submit the form to the state agency as part of the application process.
(B) Within five (5) days of the state agency's decision to make an offer of employment to the applicant, the state agency shall use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Department of Arkansas State Police and request the bureau to review the database of criminal history.
(C) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history record on the applicant.
(2) If no criminal history record regarding the applicant is found in the database, then the state agency may make an offer of temporary employment to the applicant while the bureau completes a criminal history check and the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section.
(3)(A) If a criminal history record regarding the applicant is found in the database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section.
(B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant wh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-15-111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-15-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-15-112. Incumbent employees in designated financial or information technology positions.
(a)(1) State agencies shall ensure that all employees in designated financial or information technology positions apply for criminal history checks by December 1, 2005.
(2) An incumbent employee in a designated financial or information technology position shall have a subsequent criminal background check within five (5) years of the initial criminal background check and every five (5) years thereafter.
(3)(A) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated financial or information technology position shall complete a criminal history check form and shall submit the form to the state agency.
(B) The state agency shall:
(i) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Department of Arkansas State Police; and
(ii) Pay any fee associated with the criminal history check on behalf of the employee.
(b)(1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an employee upon receiving a criminal history check request from a state agency.
(2) If the state agency can verify that the employee has been employed by a state agency in a designated financial or information technology position within sixty (60) days before applying for the criminal background check or has lived continuously in the State of Arkansas for the previous five (5) years, the bureau shall conduct only a state criminal history check on the applicant.
(c)(1) Upon completion of a criminal history check on an employee, the bureau sha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-15-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-15-112. This identifies an authority to review, not proof of applicability.