Title 13 . Public Safety

Chapter 68 . Vessel Maintenance

Section 215. Direct access to criminal justice information maintained by the repository

13 AAC 68.215. Direct access to criminal justice information maintained by the repository

(a) If the head of a government unit signs an agreement to abide by applicable state and federal statutes and regulations and other mandatory federal requirements relating to criminal justice information systems, the department will, in its discretion, authorize direct access to criminal justice information maintained by the repository for designated employees of

(1) a criminal justice agency, for a criminal justice activity;

(2) the Department of Administration, state data center, for the purpose of storage and transmission of records required in AS 12.62.150 ; or

(3) the Department of Administration, public defender agency, to obtain criminal justice information for the purpose of discovery in a criminal case.

(b) A person may not have direct access to repository records unless the department has given the government unit that employs the person a security clearance for that person. The department will accept an application for a security clearance only from a government unit identified in (a) of this section, and only for an employee who is required to have direct access to repository records for a purpose described in (a)(1) - (a)(3) of this section.

(c) The department will obtain information from the national criminal history system, based on fingerprint identification, before granting a government unit's request for a security clearance for a designated employee. The department will deny a government unit's request for a security clearance for a designated employee who has been convicted of a felony or a misdemeanor in this state or another jurisdiction or who is a fugitive from justice.

(d) After notice and opportunity for response by the government unit, the department will withdraw a security clearance if the department discovers that

(1) material information was falsified or omitted at the time of the initial application for a security clearance;

(2) the designated employee has been convicted of a felony in this state or another jurisdiction or become a fugitive from justice; or

(3) the designated employee has been convicted of a misdemeanor in this state or another jurisdiction since the initial security clearance was granted.

(e) When the department denies or withdraws a security clearance for a government unit's designated employee, the government unit may appeal the decision to the commissioner by submitting written arguments. The commissioner will issue a final decision within 30 days after receipt of the appeal. If the security clearance was denied or withdrawn on grounds other than a misdemeanor conviction, the commissioner will deny the appeal unless the appellant government unit shows that the department's decision was erroneous. If the security clearance was denied or withdrawn based on a misdemeanor conviction, the commissioner will, in the commissioner's discretion, grant the appeal if the head of the government unit signs and submits to the commissioner a statement that includes a

(1) description of the conduct and circumstances leading to the conviction; and

(2) recommendation that the security clearance be granted or reinstated, including an explanation of why the head of the government unit believes that

(A) the conduct did not involve a crime of dishonesty or moral turpitude;

(B) the conduct did not involve a flagrant disregard of the law; and

(C) to grant or reinstate the security clearance will not compromise the security of criminal justice information maintained by the repository.

(f) The department will assign an APSIN access code for a designated employee of a government unit if the designated employee

(1) has a security clearance described in (b) of this section;

(2) is required, as a condition of employment, to make an inquiry, entry, or deletion of criminal justice information in APSIN for a purpose described in (a)(1) - (a)(3) of this section; and

(3) demonstrates, by passing a written test provided by the department, appropriate knowledge of

(A) current APSIN procedures; and

(B) state and federal laws and other mandatory federal requirements concerning criminal justice information systems.

(g) The department will, in its discretion, disable an APSIN access code for a person who no longer meets the criteria described in (f) of this section.

(h) A person may not make an inquiry, entry, or deletion of criminal justice information in APSIN except

(1) by using an APSIN access code assigned by the department for that person under (f) of this section; and

(2) for a purpose specifically authorized under AS 12.62 or this chapter.

(i) In this section, "head of a government unit" means, for a government unit that is part of a principal department of state government, the commissioner of that department or the commissioner's designee.

History: Eff. 1/10/97, Register 140

Authority: AS 12.62.110

AS 12.62.150

AS 12.62.160