§9062. Penalties
1.
Conduct subject to penalties.
An employer may be subject to the penalties under this chapter for any of the following:
A.
Failure to conduct a mandatory background check;
[PL 2015, c. 299, §25 (NEW).]
B.
Failure or refusal to terminate or remove from direct access employment an employee who is disqualified for employment based on the requirements of this chapter;
[PL 2023, c. 241, §79 (AMD).]
C.
Substantial noncompliance with the procedures established by this chapter; and
[PL 2023, c. 241, §80 (AMD).]
D.
Failure to enroll in the Background Check Center.
[PL 2023, c. 241, §81 (NEW).]
[PL 2023, c. 241, §§79-81 (AMD).]
2.
Fines.
An employer who fails to comply with the provisions of this chapter is subject to the penalties set out under this subsection.
A.
An employer who fails to secure a background check in accordance with this chapter or knowingly employs a disqualified individual for direct access employment commits a civil violation for which a fine of not less than $500 but not more than $10,000 per day may be adjudged, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense.
[PL 2015, c. 299, §25 (NEW).]
B.
An employer is subject to the penalties under paragraph A if that employer conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment described in this chapter.
[PL 2015, c. 299, §25 (NEW).]
C.
An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this chapter commits a civil violation for which a fine of not less than $500 but not more than $5,000 may be adjudged for each violation.
[PL 2015, c. 299, §25 (NEW).]
[PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §§79-81 (AMD).