(a) The board shall hire an executive director as its duly appointed representative to perform all administrative functions for the board. The person selected to become executive director must be approved by majority vote of the board prior to serving in the position.
(b) The executive director is authorized to employ such personnel as may reasonably be required in accordance with the statutes and procedures administered by the departments of finance and administration and human resources; provided, that an offer of employment is contingent upon the results of a criminal history background check and investigation conducted as follows:
(1) Immediately upon a prospective employee's acceptance of an offer of employment, the executive director or the director's designee, shall submit the prospective employee's name or names to the Tennessee bureau of investigation;
(2) A prospective employee shall supply a fingerprint sample upon request, in the manner requested by the investigating entity; and
(3) The Tennessee bureau of investigation, pursuant to § 38-6-109, shall conduct a criminal history background check and investigation on a prospective employee as soon as practicable after the submission of the prospective employee's name or names by the executive director or the director's designee.
(c) The Tennessee bureau of investigation may contract with the federal bureau of investigation, other law enforcement agencies, or any other legally authorized entity to assist in such criminal history background check and investigation.
(d) The institute shall pay, as an operating expense, the cost of the criminal history background check.
(e) The results of such a criminal history background check shall not be considered a record open to the public, pursuant to title 10, chapter 7, part 5.
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