3796:5-2-02 Criminal records check.

(A) Pursuant to division (B)(1) of section 3796.12 of the Revised Code, any person required to perform a criminal records check must submit fingerprint impressions to the Ohio bureau of criminal identification and investigation for a criminal records check of the applicant.

(B) Pursuant to section 3796.13 of the Revised Code, prospective employees for a medical marijuana entity licensed by the department must submit fingerprint impressions to the Ohio bureau of criminal identification and investigation for a criminal records check of the applicant.

(C) A person required to submit a criminal records check under paragraph (A) or (B) of this rule shall submit both a bureau of criminal identification and investigation criminal records check and a federal bureau of investigation criminal records check.

(D) The Ohio bureau of criminal identification and investigation shall send results of the bureau of criminal identification and investigation and the federal bureau of investigation criminal records checks performed under this rule directly to the department. The department requires that the criminal records check does the following:

(1) Be based on electronic fingerprint impressions that are submitted directly to the bureau of criminal identification and investigation from a "WebCheck" provider agency. The department may accept the results of a criminal records check based on ink impressions from a "WebCheck" provider agency only if readable electronic fingerprint impressions cannot be obtained, or if submission of ink impressions is otherwise authorized by the bureau of criminal identification and investigation.

(2) Results will only be considered valid if the fingerprint impressions were obtained within the previous twelve months.

(E) After the department receives the results from both required criminal records checks, the licensing process will proceed.

Cite as Ohio Admin. Code 3796:5-2-02

Effective: 5/6/2017
Five Year Review (FYR) Dates: 05/06/2022
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796, R.C. 3796.12, 3796.13