11102.1.
(a) Notwithstanding any other provision of law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll applicant fingerprint impressions, manually or electronically, for licensure, certification, or employment purposes. Commencing January 1, 2004, no person shall roll applicant fingerprints for nonlaw enforcement purposes unless certified. Law enforcement personnel and state employees who have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation are exempt from the requirements of this section. The department shall charge a fee sufficient to cover the costs of the certification program.(b) Individuals who roll fingerprint impressions, either manually or electronically, for individuals who are being fingerprinted for applicant licensure, certification, or employment purposes, must submit to the Department of Justice, manually or electronically, two sets of fingerprints, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance.
(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.
(d) Every individual certified as a fingerprint roller shall meet the following criteria:
(1) Be a legal resident of this state at the time of certification.
(2) Be at least 18 years of age.
(3) Have satisfactorily completed a notarized written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.
(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position. To assist in determining the identity of the applicant, the department shall require that applicants submit fingerprint images and related information.
(f) The department shall not certify any individual who has been convicted of either any felony offense or any other offense that involves both moral turpitude, dishonesty, or fraud, and bears on the applicant’s ability to perform the duties or responsibilities of a fingerprint roller. The certification shall be revoked if, at any time, the individual is convicted of either any felony offense, or any other offense that involves both moral turpitude, dishonesty, or fraud, and bears on the applicant’s ability to perform the duties or responsibilities of a fingerprint roller.
(g) In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller or make, revoke, or suspend the certification of any fingerprint roller upon any of the following:
(1) Substantial and material misstatement or omission in the application submitted to the department.
(2) If the individual has been convicted of or is awaiting adjudication for a felony or a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a fingerprint roller. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.
(3) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller.
(4) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.
(5) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.
(6) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has duties, rights, or privileges that he or she does not possess by law.
(7) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.
(8) Failure to submit any remittance payable upon demand by the department under this section or failure to satisfy any court ordered money judgment, including restitution.
(h) Commencing January 1, 2004, the department shall not accept applicant fingerprint impressions, manually or electronically, unless they were rolled by an individual certified under the Department of Justice Fingerprint Rolling Certification Program.
(i) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.
(j) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.