KRS 151B.021: Criminal background checks required for specified employees and

contract staff.

(1) The Education and Labor Cabinet shall require a national and state criminal

background check for every prospective and current employee of the cabinet or

its agencies, including contract staff, with access to or use of federal tax

information. The criminal background investigation shall include a fingerprint

check by the Department of Kentucky State Police and Federal Bureau of

Investigation, pursuant to the following requirements:

(a) The cabinet shall require each employee with access to or use of federal

tax information to submit a complete and legible set of fingerprints to the

Department of Kentucky State Police on a fingerprint card issued by the

Federal Bureau of Investigation;

(b) The Department of Kentucky State Police shall submit the fingerprint card

to the Federal Bureau of Investigation for a national criminal background

check after a state criminal background check is conducted;

(c) The results of a national and state criminal background check shall not be

distributed or otherwise released by the cabinet, except that the cabinet:

1. Shall provide an employee the results of his or her national and

state criminal background check upon request; and

2. May introduce the results, under seal, as evidence in a legal

proceeding that involves a challenge to any personnel action taken

by the cabinet based in whole or in part on information contained in

the results; and

(d) Any fee charged by the Department of Kentucky State Police or for the

Federal Bureau of Investigation background check shall be an amount no

greater than the actual cost of processing the request and conducting the

background check.

(2) The cabinet or its agencies shall promulgate administrative regulations in

accordance with this section and KRS Chapter 13A to implement this section.