EVT0010471_-_2-1_Eligibility.pdf

Personnel Services Policy Department of Revenue

SECTION Conditions of Employment SECTION NO. 2-1

SUBJECT Eligibility Requirements PUBLISHED 10/23

REFERENCE K.A.R. 92-52-14, 92-52-15, 92-52-16, K.S.A. 74-5605, 74-5617, and 75-5156; K.S.A. 22-4707; 28 CFR Pt. 20; 8 U.S.C. 1324a; IRS Pub. 1075;

49 CFR Pt. 383-84.

All hiring decisions shall be in compliance with the Equal Employment Opportunity laws. Refer to Section 11-1, Equal Employment Opportunity, and Affirmative Action Policy. Specific conditions must be met for the promotion, transfer, or demotion of current associates. Refer to

Section 8-6, Reference and Selection Process Policy.

Employment Eligibility Verification - Form I-9

All persons employed after November 6, 1986, are required to provide documentation outlined in the Employment Eligibility Verification (Form I-9) indicating they are United States (U.S.)

citizens or are authorized to work in the U.S. within three business days after the associate’s first day of employment. Each new associate and Kansas Department of Revenue (KDOR) Office of

Personnel Services (OPS) or the KDOR authorized representative receiving the documentation must complete and sign a copy of the Form I-9.

Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the U.S. The KDOR OPS must ensure proper completion of Form I-9 for each individual they hire for employment. This includes citizens and noncitizens.

Both associates and KDOR OPS must complete the form. On the form, an associate must attest to his or her employment authorization. The associate must also present KDOR with acceptable documents evidencing identity and employment authorization. KDOR OPS must examine the employment eligibility and identity document(s) an associate presents to determine whether the document(s) reasonably appear to be genuine and to relate to the associate and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the

Form I-9. KDOR OPS must retain Form I-9 for a designated period as specified by the U.S.

Citizenship and Immigration Services and make it available for inspection by authorized government officers.

Employment Requirements

Some KDOR positions may require the following to obtain and/or maintain employment:

• Pass a security clearance check.

• Pass a pre-employment and/or random drug and alcohol screening.

• Pass a polygraph examination, physical examination, and other requirements for all

Enforcement Agent positions.

Individuals who do not receive a security clearance, pass the drug/alcohol screening, psychological test, physical examination or other requirements of the position will not be considered for a KDOR position until one year from the date of denial.

Additionally, select positions require a candidate/associate to have and maintain a specific license or certificate.

Security Clearances

The following levels of security pertain to positions that may require Kansas Bureau of

Investigations (KBI) and Federal Bureau of Investigations (FBI) fingerprint background:

Level 0* – No security clearance required.

Level 1* – KBI and FBI fingerprint background required due to direct access to Federal Tax

Information (FTI) contained in taxpayer records in KDOR tax applications or hard copy returns.

These positions have access to Astra Tax Processing (ATP) System, Astra Case Management

(ACM) System, Astra Case Sub System (ACSS), Portfolio Warehouse (PW), or are located in the

Motor Fuel unit, or include attorney and auditor positions that are authorized to request hard copies of federal tax returns.

Level 2* – KBI and FBI fingerprint background required for positions that have direct access to data sets and files containing FTI. Some of these positions are located in Federal/State unit. Others are programmers or computer network administrators that can look at entire collections of FTI data regarding federal returns for Kansas Taxpayers.

Level 3* – KBI and FBI fingerprint background required as position has unsupervised access to the Office of Information Technology Services (OITS) areas that contain equipment which stores

FTI.

Level 1A – KBI and FBI fingerprint background required due to access to FTI in KDOR systems and due to the position requiring use, contact with and ability to request sensitive Criminal History

Record Information for Enforcement Agents positions in accordance with K.S.A. 74-5605 and

K.S.A. 74-5617.

Level 1B – KBI and FBI fingerprint background required for non-enforcement agent positions due to access to FTI in KDOR systems and due to the position requiring use, contact with and ability to request sensitive Criminal History Record Information.

Level 1C – KBI and FBI fingerprint background required for non-enforcement agent positions due to access to FTI in KDOR systems and those which may come into contact with sensitive Criminal

History Record Information.

Level 0D – KBI and FBI fingerprint background required due to involvement in application and/or issuance process for KS Driver's License and/or KS ID Card in accordance with K.S.A. 75-5156 and K.A.R. 92-52-14, K.A.R. 92-52-15 and K.A.R. 92-52-16.

Drug and Alcohol Screening Program

All announcements to recruit applicants for designated positions shall contain a statement that drug screening is required at the time an offer of employment is made. Current associates in designated positions may be tested if there is reasonable suspicion of illegal drug or alcohol use by the associate and the associate may be unable to perform the duties of the job safely.

The following KDOR positions are subject to pre-employment drug screening:

• Any position requiring a commercial driver’s license.

• Any safety sensitive position (law enforcement officers authorized to carry firearms).

Current associates in commercial driver license examiner positions may be tested under any of the following types of tests: pre-duty, reasonable suspicion, random, post-accident, return-to-duty, and follow-up.

Current associates in commercial driver license examiner positions will be required to have their information ran through a yearly limited query of the Federal Motor Carrier Safety Administration

(FMCSA) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information exists in the Clearinghouse. Refusal to provide consent for the State of Kansas to conduct a limited query of the Clearinghouse will result in the State of

Kansas prohibiting the associate from performing safety-sensitive functions, including driving a commercial motor vehicle, as required by the FMCSA’s drug and alcohol program regulations.

Licenses, Registration and Certification

KDOR OPS is responsible for establishing procedures to ensure that each candidate and associate has a current license, registration or certificate required to perform the duties of the position for which he/she is applying or is employed. Each associate shall be responsible for maintaining a current license, registration, certificate or other authorization if such a credential or credentials is/are a requirement of the associate’s job, and shares with KDOR OPS the responsibility for maintaining current and appropriate documentation of such credential(s).

Associates who are required to maintain formal credentials must accept, as a condition of employment, that they are required to re-submit proof of current license, registration, or certification to KDOR OPS prior to the expiration of a current license, registration or certification.

All associates in positions that require formal credentials are required to notify their supervisor and/or KDOR OPS of any lapse in license, registration or certification, suspension, or nullification.

Associates in positions requiring formal credentials must report to their supervisor and/or KDOR

OPS any change in status of their license, and/or any disciplinary action implemented by the pertinent licensing body. If an associate fails to renew or allows to lapse, a required license, registration, or certificate, he/she must immediately be relieved of all duties for which the credential is required. Failure to self-report as required, and/or performing KDOR job duties without the appropriate license may also serve as grounds for disciplinary action, including dismissal.