(a) Each State will determine whether it will opt out of participation by statutory enactment or gubernatorial order and communicating such determination to the Attorney General. Failure to inform the Attorney General of the determination will result in a State being considered a participating State.
(b) Each participating State is responsible for:
(1) Determining whether to establish a fee to perform a check of state criminal history records and related fees for administering the Act;
(2) Developing a certification form for execution by authorized employers under § 105.25(a) and receiving authorized employers' certifications;
(3) Receiving the fingerprint submissions and fees from the authorized employer; performing a check of state criminal history records; if necessary, transmitting the fingerprints to the FBI; remitting the FBI fees consistent with established interagency agreements; and receiving the results of the FBI check;
(4) Applying the relevant standards to any CHRI returned by the fingerprint check and notifying the authorized employer of the results of the application of the standards as required under § 105.23(e);
(5) Providing to an employee upon his or her request a copy of CHRI upon which an adverse determination was predicated; and
(6) Maintaining, for a period of no less than three years, auditable records regarding
(i) Maintenance and dissemination of CHRI; and
(ii) The employer's certification.
(c) If relevant CHRI is lacking disposition information, the SIB or responsible agency in a participating State will make reasonable efforts to obtain such information to promote the accuracy of the record and the integrity of the application of the relevant standards. If additional time beyond a State's standard response time is needed to find relevant disposition information, the SIB or responsible agency may advise the authorized employer that additional research is necessary before a final response can be provided. If raised, a participating State should take into account the effect of post-conviction relief.