HAR §19-123-200. Definitions

As used in this subchapter: "Affected individual" means the person to which a Federal Bureau of Investigation (FBI) identification record pertains. "Applicant" means a person seeking certification as a certified rider education instructor according to the requirements of subchapter 2. "Arrest records" means criminal history information obtained from sources other than the FBI pertaining to arrests for alleged criminal behavior. "Background information" means information pertaining to a person's behavioral history that may indicate a significant risk to the health, safety, or well-being of students. "Children" means students under the age of eighteen who are enrolled in rider education courses certified by the department in subchapter 4. "Clean criminal history record" means that an individual's criminal history record check shows no indication of criminal behavior. "Criminal conviction record" means criminal history information obtained from sources other than the FBI pertaining to an individual's conviction of a crime. "Criminal history" means information about a person's actual or alleged criminal offense(s). "Criminal history record" means evidence of a person's actual or alleged criminal offense(s) (arrests, convictions, and supporting information) on file with law enforcement agencies, courts, the Hawaii criminal justice data center, or in the national criminal history record files. 123-18 3576 §19-123-200 "Criminal history record check" means an examination or search for evidence of an individual's criminal history by means of: (1) A search for the individual's fingerprints in the national criminal history record files and, if found, an analysis and any other information available pertaining thereto; and (2) A criminal history record check conducted through the files maintained by the Hawaii criminal justice data center. "Department" means the department of transportation. "Employment history" means information relating to a person's past work experiences. "FBI identification record" means a listing of certain information taken from fingerprint cards submitted to and retained by the FBI in connection with arrests and, in some instances, includes information taken from fingerprint cards submitted in connection with federal employment, naturalization, or military service. The FBI identification record is often referred to as a "rap sheet". The identification record includes the name of the agency or institution which submitted the fingerprint card to the FBI. If the fingerprint card concerns a criminal offense, the identification record includes the date arrested or received, the arrest charge, and the disposition of the arrest if known to the FBI. All arrest data included in an identification record are obtained from fingerprint cards, disposition reports, and other reports submitted by agencies having criminal justice responsibilities. Therefore, the FBI Identification Division is not the source of the arrest data reflected on an identification record. "FBI rules to correct the FBI identification record" means rules and regulations published in the Federal Register by the FBI pertaining to the procedure for the affected individual to obtain, review, and request change, correction, or updating of any alleged deficiency in the FBI identification record. "Fingerprinting" means the recording of a person's fingerprints using conventionally accepted equipment 123-19 3576