Sec. 12.15.05.04. Private Provider Agreement and Authorization Certificate

A. A private provider may not provide fingerprinting services or demographic data collection for non-criminal justice purposes unless the private provider meets requirements under this chapter.

B. Before the Central Repository enters into a private provider agreement with or issues an authorization certificate, original or renewal, to a private provider requesting to perform fingerprinting and demographic data collection under this chapter, the private provider shall:

(1) Submit a written application to the Central Repository in a format established by the Central Repository;

(2) Provide the Central Repository with documentation indicating that the private provider or the private provider’s staff has at least 5 cumulative years providing fingerprinting services and demographic data collection;

(3) Demonstrate the ability to electronically transmit fingerprint images and demographic data using a secure encrypted connection that meets requirements set forth in the Network Livescan Applicant Technical Interface Document maintained by the Central Repository;

(4) Demonstrate compliance with requirements under Regulation .05 of this chapter for the location where Central Repository authorized fingerprinting services and demographic data collection are performed;

(5) Provide documents to support the existence of a current surety bond as provided under Regulation .09 of this chapter; and

(6) Demonstrate that a criminal history records check was performed on the private provider's employee as required under Regulation .08 of this chapter.

C. The Central Repository shall issue an authorization certificate to a private provider meeting the requirements of this chapter that:

(1) Is valid for 3 years from the date of issuance, unless suspended by the Central Repository; and

(2) May be renewed every 3 years upon application by a private provider, unless the Central Repository has suspended the authorization certificate.

D. A private provider shall notify the Central Repository within 10 business days of a change in the information submitted as part of an original or renewal application under this chapter.

E. A private provider issued an authorization certificate under this chapter shall display the certificate at the location where the fingerprinting services and demographic data collection are performed.