KRS 43.032: Background checks required for prospective, current, and contracted

employees with access to federal tax information -- Administrative regulations.

(1) The Auditor shall require a national and state criminal background check for every

prospective and current employee, including contract staff, with access to or use of

federal tax information and may enroll employees and contract staff in the rap back

system for continuous monitoring. The criminal background check required by this

subsection shall include a fingerprint check by the Department of Kentucky State

Police and the Federal Bureau of Investigation, pursuant to the following

requirements:

(a) The Auditor shall require each employee and contracted staff member 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 in the manner

deemed appropriate by the Department of Kentucky State Police and the

Federal Bureau of Investigation;

(b) The Department of Ken tucky 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 sha ll not be

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

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

state criminal background check upon request; and

2. May introduce the results, under seal, as evi dence in a legal proceeding

that involves a challenge to any personnel action taken by the Auditor

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 Bure au of Investigation background check or enrollment in the rap

back system shall be an amount no greater than the actual cost of processing

the request and conducting the background check.

(2) The Auditor shall promulgate administrative regulations in accor dance with KRS

Chapter 13A to implement this section.