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7 AAC 10.920. Provisional valid background check. (a) Subject to (b) and (c) of this section, the department may issue notification of a provisional valid background check after screening an applicant under 7 AAC 10.915(a) and reviewing the criminal justice information supplied by the Department of Public Safety, if a barrier crime or condition is not discovered in that screening and review and if

(1) the department determines that further review time by the department might unduly delay the process;

(2) the provider has requested an expedited review and has

(A) included justification for the expedited review;

(B) submitted, at a minimum, the documents required under 7 AAC 10.910(b)(1) and (2) and the fees required under 7 AAC 10.910(b)(4) and (5); and

(C) agreed to submit within 30 days the fingerprints required under 7 AAC 10.910(b)(3) and any items required under 7 AAC 10.910(b)(4) and (5) that were not included with the request; or

(3) a request for a background check does not include the required fingerprints because fingerprinting acceptable to the Department of Public Safety is not available within 100 miles by road, and the provider agrees to submit within 30 days the fingerprints required under 7 AAC 10.910(b)(3) and any items required under 7 AAC 10.910(b)(4) and (5) that were not included with the request. (b) Except as provided in (c) of this section, a provisional valid background check issued under this section is valid for 90 days, pending completion of the background check or during the pendency of any request for a redetermination, a variance, or a reconsideration of a variance request. A provider shall ensure that if an applicant requests a redetermination under 7 AAC 10.927, a variance under 7 AAC 10.930 and 7 AAC 10.935, or reconsideration under 7 AAC 10.950 of a variance request, the applicant has direct onsite supervision. The department may extend the 90-day limit if any delay occurs that was not caused by any failure of the applicant or provider. (c) If the provider fails to submit fingerprints and other required items within 30 days, or if the department determines that a barrier crime or condition exists with respect to the applicant, the provisional valid background check is automatically revoked, and the provider must terminate association with the applicant in accordance with 7 AAC 10.960. (Eff. 2/9/2007, Register 181; am 6/29/2017, Register 222) Statutory Authority: