Maine Legislature Maine Revised Statutes
  • Session Law
  • Statutes
  • Maine State Constitution
  • Information
  • §9057 PDF
  • §9057 MS-Word
  • Statute Search
  • Ch. 1691 Contents
  • Title 22 Contents
  • List of Titles
  • Maine Law & Disclaimer
  • Revisor's Office
  • Maine Legislature
§9056
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT
§9058

§9057. Employment

1.  Contingent offer of employment.  An employer that has made a contingent offer of employment to a direct access worker shall secure a background check and receive a final background check report prior to allowing the individual to commence employment as a direct access worker, except where the individual is conditionally employed as described in this chapter.  
[PL 2015, c. 299, §25 (NEW).]
2.  Opportunity to challenge inaccurate records.  An employer that has made a contingent offer of employment under subsection 1 shall provide the individual subject to a background check a copy of the background check report and afford the individual a reasonable amount of time up to the 60th calendar day of conditional employment as described in subsection 4 to allow that individual an opportunity to challenge inaccurate information in the background check report.  
[PL 2015, c. 299, §25 (NEW).]
3.  Employment determination.  An employer that has made a contingent offer of employment under subsection 1 shall obtain a final nondisqualifying background check report after an individual has been allowed an opportunity to correct or update that individual's record prior to making an employment determination.  
[PL 2015, c. 299, §25 (NEW).]
4.  Conditional employment.  In accordance with subsection 2, an employer may employ an individual as a direct access worker on a conditional basis for up to 60 calendar days before the employer receives a final background check report or from the date the employer receives a disqualifying background report on the following conditions:  
A. The employer initiates the background check by entering the individual into the Background Check Center database as a conditionally employed worker;   [PL 2015, c. 299, §25 (NEW).]
B. The individual is not identified in the Background Check Center database as a disqualified person based on an earlier background check;   [PL 2015, c. 299, §25 (NEW).]
C. The individual has agreed to submit to the steps necessary to comply with this chapter, including taking substantial steps toward correcting inaccurate data in the disqualifying background check report if applicable;   [PL 2015, c. 299, §25 (NEW).]
D. The individual signs a statement declaring that a background check will not reveal a disqualifying offense or that an offense that appears is inaccurate;   [PL 2015, c. 299, §25 (NEW).]
D-1. The individual provides evidence to the employer that the individual has submitted the individual's biometric identifier data for the background check;   [PL 2023, c. 241, §75 (NEW).]
E. The employer verifies and documents that the individual has submitted the individual's biometric identifier data required for the background check and the mandatory identity verification and employment eligibility documents required by rules adopted in accordance with this chapter; and   [PL 2023, c. 241, §76 (AMD).]
F. The individual is subject to direct personal supervision during the course of the conditional employment as described in rules adopted pursuant to this chapter.   [PL 2015, c. 299, §25 (NEW).]
[PL 2023, c. 241, §§75, 76 (AMD).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §§75, 76 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
Data for this page extracted on 1/07/2025 11:10:17.
Maine Government
Legislature • Executive • Judicial • Agency Rules
Visit the State House
Tour Guide • Accessibility • Security Screening • Directions & Parking
Email
Office of the Revisor of Statutes