2025 Kentucky Revised Statutes Chapter 43 - Auditor of public accounts 43.032 Background checks required for prospective, current, and contracted employees with access to federal tax information -- Administrative regulations.
Universal Citation:
KY Rev Stat § 43.032 (2025)
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43.032
Background checks required for prospective, current, and contracted
employees with access to federal tax information -- Administrative regulations.
(1)
(2)
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 Kentucky 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 shall 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 evidence 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 Bureau 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.
The Auditor shall promulgate administrative regulations in accordance with KRS
Chapter 13A to implement this section.
Effective: March 27, 2025
History: Created 2025 Ky. Acts ch. 117, sec. 27, effective March 27, 2025.
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