Minnesota Statutes Public Safety (Ch. 299A-299N) § 299C.62. Background check

Subdivision 1. Generally. The superintendent shall develop procedures in accordance withUnited States Code, title 34, section 40102, to enable a qualified entity to request a background check to determine whether a covered worker is the subject of any reported conviction for a background check crime. The superintendent is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of the background check. The superintendent shall recover the cost of a background check through a fee charged to the qualified entity and make reasonable efforts to respond to the inquiry within 15 business days.

Subd. 2. Background check; requirements. The superintendent may not perform a background check of a covered individual under this section unless the covered individual:

Subd. 3. Covered individuals rights.The qualified entity shall notify the covered individual who is subjected to a background check under subdivision 1 that the individual has the right to:

Subd. 4. Response of bureau. The superintendent shall respond to a background check request within a reasonable time after receiving a request from a qualified entity or the signed, written document described in subdivision 2. The superintendent shall provide the qualified entity with a copy of the covered individual's criminal record or a statement that the covered individual is not the subject of a criminal history record at the bureau. It is the responsibility of the qualified entity to determine if the covered individual qualifies as an employee, volunteer, or independent contractor under this section.

Subd. 5. No duty to check.Sections 299C.60to299C.64do not create a duty to perform a background check.

Subd. 6. Admissibility of evidence. Evidence or proof that a background check of a volunteer was not requested undersections 299C.60to299C.64by a qualified entity is not admissible in evidence in any litigation against a nonprofit or charitable organization.