2006 Minnesota Statutes

299C.68 BACKGROUND CHECK ON RESIDENTIAL BUILDING MANAGER.
    Subdivision 1. When required. Before hiring a manager, an owner shall request the
superintendent to conduct a background check under this section. An owner may employ a
manager after requesting a background check under this section before receipt of the background
check report, provided that the owner complies with section 299C.69. An owner may request
a background check for a currently employed manager under this section. By July 1, 1996, an
owner shall request the superintendent to conduct a background check under this section for
managers hired before July 1, 1995, who are currently employed.
    Subd. 2. Procedures. The superintendent shall develop procedures to enable an owner
to request a background check to determine whether a manager is the subject of a reported
conviction for a background check crime. The superintendent shall perform the background check
by retrieving and reviewing data on background check crimes maintained in the CJIS computers.
The superintendent shall notify the owner in writing of the results of the background check. If
the manager has resided in Minnesota for less than ten years or upon request of the owner, the
superintendent shall also either: (1) conduct a search of the national criminal records repository,
including the criminal justice data communications network; or (2) conduct a search of the
criminal justice data communications network records in the state or states where the manager has
resided for the preceding ten years. The superintendent is authorized to exchange fingerprints with
the Federal Bureau of Investigation for purposes of the criminal history check. The superintendent
shall recover the cost of a background check through a fee charged to the owner.
    Subd. 3. Form. (a) The superintendent shall develop a standardized form to be used for
requesting a background check, which must include:
(1) a notification to the manager that the owner will request the superintendent to perform a
background check under this section;
(2) a notification to the manager of the manager's rights under subdivision 4; and
(3) a signed consent by the manager to conduct the background check.
(b) If the manager has resided in Minnesota for less than ten years, or if the owner is
requesting a search of the national criminal records repository, the form must be accompanied by
the fingerprints of the manager on whom the background check is to be performed.
    Subd. 4. Manager's rights. (a) The owner shall notify the manager of the manager's rights
under paragraph (b).
(b) A manager who is the subject of a background check request has the following rights:
(1) the right to be informed that the owner will request a background check on the manager
to determine whether the manager has been convicted of a crime specified in section 299C.67,
subdivision 2 ;
(2) the right to be informed by the owner of the superintendent's response to the background
check and to obtain from the owner a copy of the background check report;
(3) the right to obtain from the superintendent any record that forms the basis for the report;
(4) the right to challenge the accuracy and completeness of information contained in the
report or record under section 13.04, subdivision 4; and
(5) the right to be informed by the owner if the manager's application to be employed by the
owner or to continue as an employee has been denied because of the result of the background
check.
    Subd. 5. Response of bureau. The superintendent shall respond in writing to a background
check request within a reasonable time not to exceed ten working days after receiving the signed
form under subdivision 3. The superintendent's response from the search of the Minnesota
computerized criminal history system must clearly indicate whether the manager has ever been
convicted of a background check crime and, if so, a description of the crime, date and jurisdiction
of the conviction, and date of discharge of sentence. If a search is being done of the national
criminal records repository, the superintendent shall determine eligibility based upon national
records received. The superintendent shall reply to the owner in writing indicating whether the
manager is or is not eligible for employment.
    Subd. 6. Equivalent background check. (a) An owner may satisfy the requirements of
this section: (1) by obtaining a copy of a completed background check that was required to be
performed by the Department of Human Services as provided for under section 144.057 and
chapter 245C, and then placing the copy on file with the owner; (2) in the case of a background
check performed on a manager for one residential setting when multiple residential settings
are operated by one owner, by placing the results in a central location; or (3) by obtaining a
background check from a private business or a local law enforcement agency rather than the
superintendent if the scope of the background check provided by the private business or local
law enforcement agency is at least as broad as that of a background check performed by the
superintendent and the response to the background check request occurs within a reasonable
time not to exceed ten working days after receiving the signed form described in subdivision
3. Local law enforcement agencies may access the criminal justice data network to perform
the background check.
(b) A private business or local law enforcement agency providing a background check
under this section must use a notification form similar to the form described in subdivision 3,
except that the notification form must indicate that the background check will be performed
by the private business or local law enforcement agency using records of the superintendent
and other data sources.
History: 1995 c 226 art 4 s 15; 1996 c 408 art 10 s 8-10; 1Sp2001 c 7 s 1,2; 2002 c 321 s 3;
2003 c 15 art 1 s 33; 2003 c 89 s 1