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11.23.01.14

.14 Background Checks.

A. Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for a driving instructor license or renewal of a driving instructor license shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.

B. The applicant shall:

(1) Be fingerprinted at an official site that provides electronic digital fingerprinting, to include:

(a) An official CJIS Central Repository site; or

(b) A CJIS Central Repository approved private provider;

(2) Pay the required fee, including the fee authorized under Criminal Procedure Article, §10-221(b), Annotated Code of Maryland, for access to criminal history records; and

(3) Obtain a dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested.

C. In accordance with Criminal Procedure Article, §§10-201—10-234, Annotated Code of Maryland, the CJIS Central Repository shall forward to the Administration the applicant's criminal history record information.

D. Information received by the Administration on an applicant from the CJIS Central Repository shall be:

(1) Confidential and may not be disseminated; and

(2) Used only to determine the eligibility or disqualification of a driving instructor license or renewal of the driving instructor license.

E. An individual subject to a criminal background check under this regulation may contest the contents of the printed statement issued by the CJIS Central Repository as provided in Criminal Procedure Article, §10-223, Annotated Code of Maryland.

F. An applicant otherwise qualified by the Administration for an instructor license, may begin providing instruction:

(1) Pending the receipt of satisfactory data on their criminal history record, as set forth in Regulation .16 of this chapter; and

(2) Only while under the direct supervision of a licensed instructor, with a minimum of 2 years teaching experience.

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