(a) (1) (A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprints to the Identification Bureau of the Department of Arkansas State Police and request a state criminal history records check and a national criminal history records check on the operator.
(B) The operator shall attach evidence of the request for a criminal history records check to the application for the service provider's license, exemption from licensure, certificate, or other operating authority.
(2)
(A) The bureau shall conduct a state criminal records history check and request a national criminal history records check on the operator.
(B) Upon completion of each criminal history records check, the bureau shall issue a report to the licensing or certifying agency.
(C) The licensing or certifying agency shall share the information obtained from the criminal history records check and the national criminal history records check only with employees of the Department of Human Services who have an official business reason to see the information.
(3) Based on the criminal history records check, the licensing or certifying agency shall determine whether the operator is or is not disqualified from licensure, exemption from licensure, certification, or other operating authority.
(4) The licensing or certifying agency shall forward its determination to the operator and the service provider seeking licensure, exemption from licensure, certification, or other operating authority.
(b) Operators are required to undergo periodic criminal history records checks no less than one (1) time every five (5) years.
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