Sec. 13a.07.14.05. Penalties

A. Subject to §§B-D of this regulation, the Department may impose a fine against any current or former employer that does not provide the information required by the employment history review form within 20 days of its receipt.

B. Prior to imposing a fine, the Department shall send a warning letter to the current or former employer that explains:

(1) The requirements of the law; and

(2) How the current or former employer failed to comply with the law.

C. The Department shall provide the current or former employer with 10 additional days in which to complete the employment history review form or explain why it is exempt from the reporting requirements.

D. If, after the 10 additional days have passed, the current or former employer has not returned a completed employment history review form or provided a legal exemption from the reporting requirements, the Department may impose a fine.

E. Fine Schedule. The fine imposed under §D of this regulation shall be:

(1) $1,000 for a first offense;

(2) $2,500 for a second offense; and

(3) $5,000 for a third or subsequent offense.

F. Penalties Against Applicants or Employees.

(1) An applicant or employee who provides false information to or deliberately withholds information regarding current or past employment from an employer as part of the child sexual abuse and sexual misconduct background history review may be denied employment or terminated from employment, if consistent with the employer’s policies.

(2) For professionally certificated personnel, the Department may take action to deny, suspend, or revoke an educator’s certificate based on providing false information or deliberately withholding information, in addition to any discipline imposed by an employer.