Sec. 12.15.01.14. Dissemination of CHRI — Private Party Petitioner

A. Except as otherwise authorized under this chapter, the Central Repository may not disseminate to a private party petitioner the following:

(1) Conviction CHRI concerning current or prospective employees, occupants of leased real property, volunteers, or members of an association, except if the private party petitioner convincingly demonstrates to the Central Repository that the subject of the requested CHRI could, in the subject's status as an employee, occupant of the leased real property, volunteer, or member of the association, have the capability to:

(a) Jeopardize the life or safety of an individual;

(b) Cause significant loss or damage by illegally accessing or misusing the fiscal or nonfiscal assets of the employer, landlord, association or its members, or the public; or

(c) Otherwise engage or participate in criminal conduct in violation of State, local, and federal law.

(2) Nonconviction CHRI except if the private party petitioner is expressly authorized by statute, ordinance, executive order, or court rule, order, or decision specifying the right to access nonconviction CHRI and the purpose and conditions for access.

B. The Central Repository shall establish a procedure for a private party to petition for access to conviction CHRI consistent with §A(1) of this regulation that includes a requirement for a petitioner to list the instances when access is necessary and the reason for accessing CHRI consistent with this regulation.

C. The Central Repository shall deny access to CHRI under §A of this regulation if the private party petitioner is otherwise authorized under law, regulation, or agreement to access CHRI.

D. A fee, as specified in Regulation .15 of this chapter, shall be charged for each request for access to CHRI for a noncriminal justice purpose.