EVT0010471_-_Section2-3SecClearanceDLE.pdf

Personnel Services Policy Department of Revenue

SECTION Conditions of Employment SECTION NO. 2-3

SUBJECT Security Clearance for Issuers of Driver’s PUBLISHED 12/18 Licenses/Identification Cards

REFERENCE K.A.R. 92-52-14, 92-52-15, 92-52-16 and K.S.A. 8-234a et seq., 2011

Supp. 75-3520, 2011 Supp. 75-5156; 42 USC 405(c)(2)(C)(i)

Covered Positions Per K.A.R. 92-52-14(b) “Covered position means any of the following: (1) A position within the department of revenue wherein the associate has the ability to affect identity information that appears on the driver’s license or identification card, has access to the production process, or is involved in the manufacture of drivers’ licenses and identification cards; (2) a position with a private, third-party provider who has contracted with the department of revenue to manufacture and produce drivers’ licenses and identification cards for the state; or (3) a position held by any person whom the director of vehicles has authorized, pursuant to the authority granted by the motor vehicle drivers’ license act, K.S.A. 8-234a et seq. and amendments thereto, to accept an application for a drivers’ license and administer the examinations required for the issuance or renewal of a driver’s license.”

The following positions will be subject to the security clearance requirements. Any position that:

Reviews and examines documents presented by applicants for Drivers License (DL) and Identification (ID) cards.

Interviews DL and ID applicants and interacts with Kansas Department of Revenue (KDOR) computer systems regarding account information.

Takes photos of applicants.

Accepts payments for applications.

Administers examinations including those for eyesight, driving, and knowledge.

Is involved with the decision-making process regarding whether to issue or deny an application or to cancel a DL/ID based on the applicant’s eligibility with regard to skills (written/driving), proof of identity, residency, and lawful presence.

KDOR Offices of Personnel Services for conducting annual driver’s record reviews.

Learning Center staff for training on the DL computer systems.

Security Clearance Procedures Associates will be screened for security clearance by KDOR in compliance with K.S.A. 2011 Supp. 75-5156. State of Kansas statutes and regulations, and KDOR policy. All KDOR associates currently in and candidates for positions that are involved in the issuance of DL and ID cards will be provided the following information:

Requirements and process to submit fingerprints.

Determination of eligibility for employment in a position that is involved in issuing DL and ID cards.

Clarification of security clearance requirements.

Licenses/Identification Cards

Security clearance investigations may consist of, but not be limited to the following activity:

Submission of fingerprints to the KBI/FBI to determine whether the candidate/associate has a criminal record and, if so, what it is.

KDOR may rely on the Personnel Services Database information to provide name, date of birth, and social security numbers (SSN) of candidates/associates to query law enforcement databases for purposes of security clearances required by K.A.R. 92-52-15.

Resume verification.

Driving record inquiry.

Checking references from the employment application.

Verifying employment information.

Verifying education information.

Confirming Social Security Number (SSN) through the Social Security employment verification system.

Verification of lawful presence in the United States (U.S.)

State of Kansas Associate Tax clearance.

Pursuant to K.S.A. 2011 Supp. 75-5156, any person who is deemed to be a security risk will not be eligible to issue DL and ID cards. This policy applies to all DLE candidates and all current DLE associates.

KDOR reserves the right to administer ongoing security clearance checks on an associate involved in the issuance of DL and ID cards as detailed above. Routine security checks will be administered and will include, but are not limited to the following:

Annual driver’s record review conducted by the KDOR Office of Personnel Services staff.

Criminal record check review as deemed necessary, not to exceed five (5) years between reviews. Processing pre-employment and employment criminal background checks required by law.

KDOR may waive a security clearance check if the individual filling the covered position has had a KDOR security clearance check completed within the last twelve (12) months for any covered position, satisfied the security requirements, and such security information is available to KDOR.

Security Clearance checks will be waived for temporary Driver License Examiner (DLE) associates when the associate's position ends and the individual is rehired as a vendor DLE temporary associate, there is no break in employment, and the associate previously passed a State Security Clearance check. Security Clearance checks will also be waived, when a vendor DLE temporary associate's position ends and the individual is rehired as a state DLE temporary associate, there is no break in employment, and the associate previously passed a State Security Clearance Check.

Criminal Record Check A person will be deemed a security risk based solely on the criminal record check according to the following:

An individual working within the United States who is not lawfully present in the United States.

An individual who is otherwise shown to be untrustworthy based on information obtained through appropriate security clearance requirements.

This includes, but is not limited to:

Felony conviction or misdemeanor conviction relating to any of the following (The disqualifying nature of misdemeanor convictions will be determined by the type of crime and the length of time that has passed since the crime was committed):

1. Theft, fraud, or deceit, including but not limited to embezzlement, forgery, passing of worthless checks, counterfeiting, financial card fraud, computer crimes, perjury, obstruction, dealing in false identification documents, bribery, official misconduct, presenting or permitting a false claim, misuse of public funds.

2. A violent act that would not be conducive with maintaining a safe workplace.

3. Moral turpitude that would not be conducive to conducting driving tests alone with customers.

Misrepresentation on the employment application.

Disqualifying Offenses An individual who has been convicted or found not guilty by reason of insanity of one or more disqualifying offenses will be deemed a security risk. Disqualifying offenses include:

Espionage, sedition, or treason.

Any crime listed in 18 U.S.C. chapter 113 B or in a comparable state law.

A crime involving a transportation security incident.

Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law.

Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device.

Murder

Any violation of the racketeer influenced and corrupt organizations act, 18 U.S.C. 1961 et seq., or a comparable state law, in which one of the predicate acts found by a jury or admitted by the defendant consists of one of the offenses listed in 18 U.S.C. chapter 113 B or in a comparable state law, or murder.

Assault with intent to murder.

Kidnapping or hostage taking.

Rape or aggravated sexual abuse.

Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm of other weapon.

Extortion, dishonesty, fraud, or misrepresentation, including identity fraud.

Bribery or smuggling.

Immigration violations.

Any violation of the racketeer influenced and corrupt organizations act, 18 U.S.C. 1961 et seq., or a comparable state law, other than the violations listed in paragraph h.

Robbery or arson.

Distribution of, possession with intent to distribute, or importation of a controlled substance.

Commission of a violent act that would not be conducive to maintaining a safe workplace.

Attempt or conspiracy to commit any of the crimes listed here.

Associate Responsibility Any job candidate or current associate who fails to submit to and pass the security clearance will not be allowed to fill a position that is involved in the issuance of DL and ID cards.

Job Candidates:

All offers of employment for DLE positions will be made contingent upon submitting to and passing the security clearance.

Current Associates:

All associates currently occupying positions that are involved in the issuance of DL and ID cards will be required to submit to and pass the security clearance.

A person who fails the security clearance requirement based on prior criminal activity that is defined as a disqualifying offense will immediately be relieved of his or her duties with pay for not more than 10 calendar days in order to allow him or her the opportunity to provide documentation refuting the findings of the FBI and KBI.

Any person who fails the security clearance requirement for reasons other than prior criminal activity that is defined as a disqualifying offense will be relieved of his or her duties with pay for not more than 10 calendar days and given the opportunity to provide documentation refuting the findings of the security clearance investigation.

Remaining Conviction Free:

All associates who have passed the security clearance and are currently employed in a DLE position are responsible for remaining free from conviction of any disqualifying offenses. Continued employment is contingent upon passing ongoing security clearance checks. A conviction while employed is considered failing the security clearance requirements.

Self-Reporting:

Each associate shall be responsible for maintaining a valid license as required by the position.

Associates who are required to maintain a valid license, as a condition of employment are required to re-submit proof of valid license to the KDOR OPS representative prior to the expiration of a valid license.

All associates are required to notify the KDOR OPS representative of any lapse in license, suspension or nullification. Associates must report to the KDOR OPS any change in status of their license and/or any disciplinary action implemented by the licensing body. Failure to self-report as required may result in the associate’s dismissal, demotion or suspension.

Performing KDOR job duties without the appropriate license may also serve as grounds for disciplinary action, including dismissal.

If an associate fails to renew or allows to lapse, a required license, he/she must immediately be relieved of all duties. When a position requires a valid driver’s license, it is the associate’s responsibility to self-report any licensure status changes to OPS.

Failure to self-report may result in disciplinary action.

Confidentiality All information returned through the background check process will be reviewed by KDOR.

This information will be kept confidential and release of it, intentionally or otherwise, will result in disciplinary action.

Appropriate security clearance requirements shall be used only to evaluate a selected candidate for employment and contracting purposes and shall not be used to discriminate on the basis of race, color, gender, religion, national origin, ancestry, age, military or veteran status, or disability status.