31 MAC Pt. 2, R. 9.2
Billable Applicant Fingerprint Checks
Cite as 31 Miss. Admin. Code Pt. 2, R. 9.2
Billable Applicant Fingerprint Checks
A memorandum of understanding must be executed between the Center and any state agency
authorized by state statute to submit fingerprint cards to the Center. State agencies are provided
fingerprint cards which are assigned to the agency based on an ORI (originating agency
identifier). An ORI is assigned by the Federal Bureau of Investigation. The applicant/employee
is fingerprinted on the card which is forwarded to the Center for a state check. Upon completion
of the state check, the card is forwarded by the Center to the Federal Bureau of Investigation
(FBI) for a nationwide check. Any criminal background information is returned to the
requesting state agency. The agency will determine an applicant’s/employee’s fitness for
employment. A fee is charged for the check which the requesting entity pays to the CIC. The
CIC forwards the appropriate fees to the FBI.
1.
Alcoholic Beverage Control
The Alcoholic Beverage Control Commission (ABC) is required to conduct a criminal
history check on each applicant for an alcoholic beverage license and on the applicant’s
key employees, as determined by ABC. The applicant and applicant’s key employees are
fingerprinted by a local law enforcement agency on fingerprint cards by ABC. The
fingerprint cards are returned to ABC; ABC submits the fingerprint cards to CIC. The
fingerprint cards are checked against the Mississippi criminal history system database
and forwarded to the FBI for a national criminal history record check. A fee of $32.00 is
charged by the CIC to process a record check based on the fingerprint card. Statutory
Authority: Miss. Code Ann. § 67-1-57.
2.
Check Cashing Business
Mississippi Department of Banking and Consumer Finance is required to submit a
request for fingerprint checks for its check cashing applicants. Banking provides the
fingerprint cards to the applicant and submits the applicant’s fingerprints to CIC. CIC
checks the fingerprints against the Mississippi criminal history system database and then
forwards the fingerprints to the FBI for a national criminal history records check. CIC
charges a $32.00 fee to process a fingerprint-based record check. Statutory Authority:
Miss. Code Ann. § 75-67-509.
3.
Child Care Facilities Licensed by MS Department of Health
Child care facilities require all prospective and current care givers to undergo a criminal
history background check to determine suitability for employment. The Mississippi
Department of Health (MSDH) provides the fingerprint cards to the facilities. The
fingerprint cards are submitted to CIC, checked against the Mississippi Criminal History
System database, and forwarded to the FBI for a national criminal history record check.
CIC charges a $32.00 fee to process a fingerprint-based check for an employee and a fee
of $23.00 for a volunteer. The MDH is authorized to set fees in addition to those charged
by CIC and the FBI. Statutory Authority: Miss. Code Ann. § 43-20-8.
4.
Child Residential Agencies and Foster Parents/Homes
Any person, institution, facility, clinic, organization or other entity that provides services
to children in a residential setting as described in Miss. Code Ann. § 43-15-6 (1) must
undergo a national criminal history record check and a child abuse registry check for each
owner, operator, employee, prospective employee, volunteer or prospective volunteer of
the entity that has or may have unsupervised access to a child.
The Mississippi Department of Human Services (DHS) provides the fingerprint card to
the individual or entity. DHS submits the fingerprint card to CIC, where it is checked
against the Mississippi criminal history system database and forwarded to the FBI for a
national criminal history record check. A fee of $32.00 is charged by the CIC to process
a fingerprint-based record check for an employee and $23.00 for a volunteer. The DHS
is authorized to set fees in addition to those charged by CIC and the FBI
Statutory Authority: Miss. Code Ann. § 43-15-6.
5.
Community (Regional) Mental Health Center Employees and/or Volunteers
The 15 Regional Mental Health – Mental Retardation Centers in Mississippi (CMHC) are
authorized to fingerprint and perform a criminal history records check on every employee
and volunteer of each community mental health facility. Each CMHC submits its own
applicant/employee or volunteer set of fingerprints to CIC. The CMHC provides the
fingerprint card to the applicant/volunteer. The applicant/volunteer is fingerprinted;
CMHC submits the fingerprint card to CIC, where it is checked against the Mississippi
criminal history system database and forwarded to the FBI for a national criminal history
record check. The results from the check are sent from the FBI to CIC and then to
CMHC. Each CMHC determines the suitability of the applicant or volunteer for
employment or service. A fee of $32.00 is charged by the CIC to process a fingerprint-
based record check for an employee and $23.00 for a volunteer. Statutory Authority: 42
U.S.C. § 5119a. and Miss. Code Ann. § 41-19-33
6.
Gaming
The Gaming Commission requires all applicants or licensees and gaming employees of a
licensee to be fingerprinted. The Gaming Commission has its own fingerprint cards
which it provides to applicants. The fingerprint cards are forwarded to the CIC where
they are checked against the Mississippi Criminal History System database and
forwarded to the FBI for a national criminal history record check. A fee of $32.00 is
imposed to process a fingerprint-based record check under this statute.
7.
Home Health Agencies and Nursing Facilities
Any home health care agency or nursing facility may require applicants for employment
to undergo a criminal history records check. The fingerprint cards are provided to the
facility by the CIC. The facility submits the set of fingerprints to CIC along with a
statement signed by the applicant authorizing the record check in accordance with Public
Law # 105-277. The MDH submits the fingerprint cards to CIC. The cards are checked
against the Mississippi criminal history system database and forwarded to the FBI for a
national criminal history record check. CIC returns the results of the criminal history
record check to the MDH to be disseminated to the requesting facility. The facility
determines the suitability of the applicant for employment. A fee of $32.00 is charged by
the CIC to process a fingerprint-based record check for an employee and $23.00 for a
volunteer. Statutory Authority: Public Law #105-277 (note to 28 U.S.C. § 534).
8.
Home Health Care Agencies, Hospitals, Hospices, Nursing and Personal Care Homes
The Mississippi State Department of Health (MDH) is required to have every new
employee of a licensed entity, who provides direct patient care and who is employed after
July 1, 2002, and every employee of a licensed entity employed before July 1, 2002, who
has a documented disciplinary action by his present employer, to undergo a criminal
history background check to determine suitability for employment. MDH provides the
fingerprint card to the applicant/employee to be fingerprinted. MDH submits the
fingerprint card to CIC to be checked against the Mississippi criminal history system
database, and forwarded to the FBI for a national criminal history record check. CIC
returns the results of the criminal history check to the MDH, which determines the
suitability of the applicant for employment. CIC charges $32.00 to process a fingerprint-
based check for an employee/applicant and $23.00 for a volunteer. Statutory Authority:
Miss. Code Ann. § 43-11-13
9.
Information Technology Services
To qualify for the position of an information confidentiality officer with the Department
of Information Technology Services, a person must undergo a criminal history records
check. The person is fingerprinted and the set of fingerprints is forwarded to the CIC,
checked against the Mississippi Criminal History System database, and forwarded to the
FBI for a national criminal history record check. A fee of $32.00 is charged to process
this check. Statutory Authority: Miss. Code Ann. § 25-53-51.
10.
MS. Dept. of Mental Health Employees and/or Volunteers
The Mississippi Board of Mental Health (MH) is authorized to fingerprint and perform a
criminal history records check on every employee and volunteer. MH submits the
applicant/employee or volunteer set of fingerprints to CIC. The fingerprints are checked
against the Mississippi criminal history record check. The results of the check are sent
from the FBI to CIC and then to MH. MH determines the suitability of the applicant or
volunteer for employment. A $32.00 fee is charged to process a fingerprint-based record
check for an applicant/employee and $23.00 for a volunteer. Statutory Authority: Miss.
Code Ann. § 41-4-7
11.
Mortgage Companies
Applicants of mortgage companies applying for registration or licensure from the
Department of Banking and Consumer Finance (Banking) are required to undergo
criminal history record checks. The fingerprint cards are provided to the applicant by the
Department of Banking and Consumer Finance. Banking submits a set of fingerprints
obtained by a local law enforcement entity to CIC. The fingerprints are checked against
the Mississippi criminal history database system and forwarded to the FBI for a national
criminal history record check. A fee of $32.00 is charged to process the record check.
Statutory Authority: Miss. Code Ann. § 81-18-13.
12.
Non-Government Entity or Employer
a.
State conviction information shall be made available for the following non-
criminal justice purpose: To any non-governmental entity or employer authorized
either in writing by the person who is subject to the requested record or if
authorized by state or federal law to receive such information. Information
disseminated for non-criminal justice purposes shall be used only for the purpose
for which it was made available and may not be re-disseminated. The existence
or non-existence of criminal history record information shall not be confirmed to
any person or organization that is not eligible by law to receive the information.
Non-conviction information shall be available for non-criminal conviction
purposes. Non-governmental entity or employer requests must proper
identification and authorization information from the person who is subject of a
requested record and any request must further adhere to the CIC policies
established for obtaining record checks.
b.
The statutory right to view a person’s own criminal history record information
shall not be used by a prospective employer or others as a means to circumvent
procedures or fees for accessing records for non-criminal justice purposes. The
CIC may impose procedures, including the submission of fingerprints, fees or
restrictions, as are reasonable and necessary for security, to verify identities, and
for orderly and efficient information access. Release of State conviction
information for non-criminal justice purposes shall be made only by CIC pursuant
to certain statutory limitations. Such records will not be released or disclosed for
non-criminal justice purposes by other agencies in the state. There is a $32.00 fee
to process the fingerprint check.
Statutory Authority: Miss. Code Ann. § 45-27-12
13.
Pawn Brokers
Applicants for a pawn broker’s license are required to submit a set of fingerprints to the
Department of Banking and Consumer Finance (Banking). The fingerprint cards are
provided to the applicant by the Banking. Banking submits the fingerprint card to CIC to
be checked against the Mississippi criminal history system database and forwarded to the
FBI for a national criminal history record check. A fee of $32.00 is charged by the CIC
to process a fingerprint-based record check. The results of the check are sent to the
Department of Banking and Consumer Finance to determine an applicant’s suitability for
employment. Statutory Authority: Miss. Code Ann. § 75-67-323
14.
State Board of Pharmacy Applicants for License
To insure that all applicants are of good moral character, the board conducts a criminal
history records check on all applicants for a license. To determine suitability for
licensing, the applicant must be fingerprinted. The board submits fingerprints to the CIC
for check of the state criminal records and forwards to the FBI for the national criminal
records check. The CIC disseminates the results of the state check and the national check
to the board for suitability determination. The board is authorized to collect from the
applicant the fee amount which the CIC charges the board for fingerprinting, whether
manual or electronic, and that is charged for the state and national criminal history
records checks. CIC charges $32.00 to process a fingerprint-based check for an
applicant. Statutory Authority: Miss. Code Ann. § 73-21-85
15.
State Board of Pharmacy Technicians
To insure that all applicants are of good moral character, the board conducts a criminal
history records check on all applicants for a technician license or registration. To
determine suitability for licensing, the applicant must be fingerprinted. The board
submits fingerprints to the CIC for check of the state criminal records and forwards to the
FBI for the national criminal records check. The CIC disseminates the results of the state
check and the national check to the board for suitability determination. The board is
authorized to collect from the applicant the fee amount which the CIC charges the board
for fingerprinting, whether manual or electronic, and that is charged for the state and
national criminal history records checks. CIC charges $32.00 to process a fingerprint-
based check for an applicant. Statutory Authority: Miss. Code Ann. § 73-21-111
16.
Private or Nonpublic Schools
Any nonpublic school which is accredited or approved by the State Board of Education
may avail itself of the criminal record information and registry check procedure that is
provided for public schools and shall be responsible for the same fee charged as for local
public schools. The applicant/ employee is fingerprinted on a card provided by the
school district. Each school district submits the applicant’s fingerprint card to the CIC
for check against the Mississippi criminal history database system and forward to the FBI
for a national criminal history record check. The determination whether the applicant has
a disqualifying crime shall be made by the appropriate governmental authority, who shall
notify the private firm whether a disqualifying crime exists. CIC imposes a $32.00 fee to
process the record checks for each employee. Statutory Authority: Miss. Code Ann. § 37-
9-17
17.
Public Schools
Each superintendent of a school district is required to obtain criminal record background
checks and child abuse registry checks for all new hires applying for employment as a
licensed or non-licensed employee at a school not previously employed in that district
prior to July 1, 2000. To determine suitability, the applicant must be fingerprinted. Each
school district has its own fingerprint cards which are submitted to CIC, checked against
the Mississippi Criminal History System database, and are forwarded to the Federal
Bureau of Investigation for a national criminal history record check. A fee of $32.00 is
imposed by the CIC to process the record checks for employees. Statutory Authority:
Miss. Code Ann. § 37-9-17.
18.
Title Pledge Lenders
Title pledge lenders (or sales finance companies which engage in the business of
purchasing retail installment contracts from one or more retail sellers) are required to be
licensed by the Department of Banking and Consumer Finance. Applicants must submit
a set of fingerprints to the CIC for a record check. CIC checks the fingerprints against
the Mississippi Criminal History System database and forwards the prints to the FBI for a
national criminal history record check. A fee of $32.00 is charged to process the record
check. Statutory Authority: Miss. Code Ann. § 75-67-421.
19.
University of Mississippi Medical Center Employees
The University of Mississippi Medical Center is required to fingerprint and perform a
criminal history record check on all new employees that work in or provide direct patient
care. No employee of UMMC hired on or after July 1, 2004, is permitted to provide
direct patient care until the results of the criminal history record check have revealed no
disqualifying or the employee has been granted a waiver. To determine suitability for
employment, the applicant must be fingerprinted. Fingerprints are submitted to the CIC
by UMMC via scanning or other electronic method. If no disqualifying record is
identified at the state level, the applicant’s fingerprints must then be forwarded to the FBI
for a national criminal history record check. CIC returns the results of any criminal
history record check to the UMMC, which determines the suitability of the applicant for
employment. CIC charges $32.00 to process a fingerprint-based check for an
employee/applicant. Statutory Authority: Miss. Code Ann. § 37-115-41.