Connecticut General Statutes 14-9a – Criminal background checks for applicants for employment with department and certain department employees. Reassignment of employee with disqualifying criminal offense or condition
(a) The Departments of Motor Vehicles and Administrative Services shall, subject to the provisions of section 31-51i, require each external applicant for a position of employment with the Department of Motor Vehicles (1) to state whether the applicant has ever been convicted of a crime, to state whether criminal charges are pending against the applicant at the time of the application and, if so, to identify the charges and court in which they are pending, and (2) if offered employment with the Department of Motor Vehicles, to be fingerprinted and to submit to state and national criminal history records checks. The criminal history records checks required by this section shall be in accordance with section 29-17a.
Terms Used In Connecticut General Statutes 14-9a
- Driver: means any person who drives, operates or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license. See Connecticut General Statutes 14-1
- Employee: means any operator of a commercial motor vehicle, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, drivers under contract and independent owner-operator contractors, who, while in the course of operating a commercial motor vehicle, are either directly employed by, or are under contract to, an employer. See Connecticut General Statutes 14-1
- Felony: means any offense, as defined in section 53a-25 and includes any offense designated as a felony under federal law. See Connecticut General Statutes 14-1
- Person: includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires. See Connecticut General Statutes 14-1
- State: means any state of the United States and the District of Columbia unless the context indicates a more specific reference to the state of Connecticut. See Connecticut General Statutes 14-1
(b) The Department of Motor Vehicles, subject to the provisions of section 31-51i and the standards set forth in 6 C.F.R. § 37.45, shall require each employee who is involved in the manufacture or production of drivers’ licenses or identity cards or who has the ability to affect the identity information that appears on a driver‘s license or an identity card to submit to a background check that includes name-based and fingerprint-based criminal history records checks of federal and state repository records. Upon receipt of the criminal history record of any such employee, the department shall evaluate such record by applying the criteria set forth in 6 C.F.R. § 37.45(b)(1). The department shall not employ any such employee with a disqualifying criminal offense, as set forth in 6 C.F.R. § 37.45(b)(1)(i) or 37.45(b)(1)(ii), in a position described in this subsection, and shall not employ any such employee with a disqualifying condition, as set forth in 6 C.F.R. § 37.45(b)(1)(iii) or 37.45(b)(1)(iv), in such a position, until such condition is no longer applicable. The department shall reassign any such person to a different position in the department.
(c) In accordance with 49 C.F.R. § 384.228 and subject to the provisions of section 31-51i, the Department of Motor Vehicles shall require any person who is to be employed as a knowledge or skills test examiner for commercial driver’s license applicants to submit to a nation-wide criminal background check prior to the department certifying such person to administer any such test. Each such background check shall include name-based and fingerprint-based criminal history records checks of federal and state repository records. The department shall maintain a record of the results of such criminal background checks and shall not certify any examiner to administer commercial driver’s license tests who: (1) Was convicted of a felony within the past ten years; or (2) was convicted of any crime involving fraudulent activities.