HAR §8-7-1. Definitions

As used in this chapter: "Affected individual" means the person to which a Federal Bureau of Investigation (FBI) identification record pertains. "Applicant" means a person seeking employment to a position in the department of education. "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 children. "Children" means students enrolled in public schools up to grade twelve. "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. "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 by the Hawaii criminal justice data center. "Department" means the department of education, State of Hawaii. "Employee" means a person who is employed or who is seeking employment in a public school or employed by a related government agency or entity contracted by the department in a position which places that person in close proximity to children. Unpaid, volunteers are excluded from this definition. "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 to the FBI identification record. "Fingerprinting" means the recording of a person's fingerprints using conventionally accepted equipment and procedures to satisfy the quality, readability, and specifications of the FBI's criminal history record checking requirements. "Persons who have been employed continuously by the department on a salaried basis prior to July 1, 1990" means salaried employees of the department who were on employment status on June 30,1990, and who continuously remain so employed. "Position" means a specific office or employment in the department whether occupied or vacant, consisting of a group of all the current duties and responsibilities assigned or delegated by competent authority, requiring the full or part-time employment of one person. [Eff. APR 03, 1992] (Auth: HRS §§302A-1112, 846-43) (Imp: HRS §846-43)