(1) Licensees are responsible for conducting appropriate background checks on new employees hired after July 1, 2006. At a minimum, each licensee shall:

(a) require completion of employee criminal background questionnaire;

(b) verify and document employment and personal references; and

(c) within ten days of start of employment, request a Montana criminal records check from the Montana Department of Justice.

(2) If the background check demonstrates any criminal convictions involving fraud or financial dishonesty or civil judgments involving fraudulent or dishonest financial dealings, the licensee cannot employ such person, or if already employed, must terminate employment.

(3) Verification of compliance with this rule shall occur during annual exams. Licensees are required to keep accurate employment records on each employee to ensure that the department is able to verify compliance.

(4) A criminal records check conducted by another agency or private company may be used by licensees as a substitute for the records check by the Montana Department of Justice as long as the information provided by the substitute records check contains the same information as the check conducted by the Montana Department of Justice.

History: 31-1-702, MCA; IMP, 31-1-705, MCA; NEW, 2006 MAR p. 1373, Eff. 6/2/06.